Bolan v. State

CARR, Judge.

At the instance of the State the court below gave the following written instruction :

“The Court charges the jury that if you believe the evidence in this case you will return a verdict of guilty against the defendant under Count 2 of the indictment.”

The jury responded to1 this charge.

Assuming, but not deciding, that the State was due a directed verdict, we must hold that by giving the charges in the above form the court fell into error. The instruction is not predicated upon the belief of the evidence beyond a, reasonable doubt.

In the early case of Jones v. State, 96 Ala. 56, 11…