Billingsley v. State

Bell, Justice.

(After stating the foregoing facts.)

The judge charged the jury as follows: “If it is possible for you to do it, and it is your duty to do it, take everything else out of your minds and decide the case according to the evidence and the defendant’s statement.” In the first special ground of his motion for new trial the defendant contended that this charge was an erroneous statement of the law, was incomplete and confusing, and did not instruct the jury directly to decide the case according to the evidence and the defendant’s statement, but merely charged them that it would be best…