Byrd v. State

The giving of general affirmative instructions by the court has been frequently considered in civil and criminal cases. McMillan v. Aiken, 205 Ala. 35, 88 So. 135.

It is the province of the jury, and not the court, to draw inference of fact from the evidence susceptible of adverse inference. That is to say, when applied to criminal cases, the court may announce presumptions of law to the jury; the inferences of fact are for the jury in arriving at a verdict. The weight of evidence, the credibility of witnesses, and inferences to be drawn from the evidence, where susceptible of more than one…