Shipp and Strickland v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— There are no bills of exception in this record. Appellants did except, among others, in the following language, to paragraph seven of the court’s charge as originally written:

“The defendants object and except to said charge as a whole and particularly to paragraph VII thereof, and same is erroneous in that the same is a negative presentation of the defense of the defendants, and is more burdensome than the law requires in that the jury would be justi fied in finding the defendants not guilty whether Wesley Joplin requested Ollie Shipp to catch said…