State v. Grice

The opinion of the Court was delivered by

Mr. Justice Fraser.

The appellant was indicted for selling liquor. He pleaded not guilty and set up an alibi. His Honor said to the jury:

“So go to your room; take along with you the sole issue in the case; give the defendant the benefit of every reasonable doubt.”

The appellant contends that this prevented the jury from considering the alibi. This is the only question raised in this case. At another place in the charge, Judge Smith said:

“The sole question for your determination is whether or not the accused sold one-half pint' of whiskey to one J. F.…