Baxter v. State Highway Department

Frankum, Judge.

The jury should not be left to decide between conflicting propositions contained in the court’s charge, and where in instructing the jury the judge gives them an incorrect instruction it is not sufficient that he thereafter, without expressly withdrawing the incorrect charge, merely charges them correctly on the same proposition. Savannah Elec. Co. v. McClelland, 128 Ga. 87 (2) (57 SE 91); Citizens &c. Nat. Bank v. Kontz, 185 Ga. 131, 146 (194 SE 536). A charge which thus contains two distinct statements, conflicting one with the other, is calculated to leave the jury in such a…