Smith v. State

1. The judge instructed the jury as follows: “If you believe (and that beyond a reasonable doubt) that the defendant did, as alleged in the indictment, on the date therein alleged, or at any time within four years previous to its finding, make, manufacture, or distill any of the liquors or anjr part of the liquors set out in the indictment, in Wilkes county, Georgia, it would be your duty to find him guilty.” This is alleged to be error because it “ excluded from the jury the consideration of any evidence adduced at the trial whatever, and instructed them that if they believed the defendant…