State v. Benton

Layton, C. J.,

delivering the opinion of the Court:

In the instructions to the jury, after stating the contentions of the defendant, it was said:

“These contentions of the defendant, if found to be sustained by the evidence, do not amount to a defense to the charges contained in the indictment; but, nevertheless, it is for you to determine from all the facts and circumstances before you whether the State has established the guilt of the defendant beyond a reasonable doubt under the law as it will be explained to you.”

Thereafter, upon the court’s own motion, the jury were recalled. Their…