Gibbs v. State

Eberhardt, Judge.

1. The general grounds are without merit.

2. In the course of the charge to the jury the court instructed: “In all criminal cases, whether felony or misdemeanor, the defendant shall have the right to make to the court and jury such statement in the case as he may deem proper in his own defense, That statement is not under oath, and shall have such force only as the jury may think right to give it. The jury may believe the statement of the defendant in preference to all sworn testimony, disbelieve it entirely, believe it in part and disbelieve it in part. Therefore, what you do…