Brooks v. State

John A. Fogleman, Justice.

Appellant seeks reversal of his conviction for possession of marijuana with intent to sell upon the basis that the trial court’s instruction No. 7 amounted to a comment upon the evidence prohibited by Article 7, Section 23 of the Constitution of Arkansas. The instruction was virtually in the words of Ark. Stat. Ann. § 82-2617 (d) (Supp. 1973). Appellant relies upon French v. State, 256 Ark. 298, 506 S.W. 2d 820 (1974).

The record shows that appellant raised objections to instruction No. 7 at three points in the record. The first objection was made immediately prior to…