Pless v. State

Mobley, Chief Justice.

Tony Pless was found guilty of armed robbery and sentenced to life imprisonment. This appeal is from that conviction and sentence.

1. Enumerated error one alleges that the court erred in its charge to the jury on circumstantial evidence, in that the words "to preponderate” were used in the instruction. The instruction complained of was as follows: "Now when circumstantial evidence is relied upon to establish a fact, the evidence must be such as to reasonably establish the theory relied upon, to preponderate to that theory other than to any other reasonable hypothesis.”

Almo…