Emerson v. State

BOULDIN, Justice.

The holding of the Court of Appeals that the additional instruction given the jury was free from reversible error upon a consideration of the entire charge is sustained on examination of the record.

The excerpt' quoted in the opinion was only a part of the supplemental instruction. The court proceeded at the time to reassert there should be no conviction unless satisfied of guilt from the evidence beyond a reasonable doubt; and further instructed, that if they so found, they need not impose a fine, but in their discretion, could leave the punishment to be fixed by the court.…