Sherlock v. State

The opinion of the court was delivered by

Garrison, J.

This writ of error brings up the record of a judgment in a criminal cause. A general exception to the charge of the court to the jury appears in a bill of exceptions (Gen. Stat., p. 1151, § 157), and the charge itself is certified by the court below under Gen. Stat.,p. 1154, § 170.

By force of this procedure, this court must reverse the judgment below for any affirmative error in the charge that may have prejudiced the defendant in maintaining his defence upon the merits. Gen. Stat., p. 1138, § 89. The official history of the trial shows…