Smith v. State

SIMPSON, Justice.

The Court of Appeals declared a reversal of the judgment of conviction because the trial court refused to give the defendant’s special requested written Charge Nck 35, which reads:

“35. The court charges the jury that if the evidence can be reasonably reconciled with any other conclusion than the guilt of the defendant, the jury should find her not guilty.”

No case considering a charge in this exact language has been cited and our research has failed to discover one. In our study, however, we have found cases where a reversal was denied by this court for the refusal to the…