Hinson v. Hooks

It is well settled that when a judge undertakes to charge the law upon any subject, he must charge all of it upon that subject that is material and applicable to the case. Rouse v. State, 2 Ga. App. 184 (58 S. E. 416); Harper v. State, 17 Ga. App. 561 (2) (106 S. E. 875). Upon the controlling issue in this case the plaintiff introduced a single witness and the defendant several witnesses. Therefore, when the court gave in charge to the jury a part of section 5732 of the Civil Code (1910), as to how the preponderance of evidence is determined, it was harmful error against the defendant to omit…