Brown v. State

Quillian, Presiding Judge.

Defendant appeals his conviction for armed robbery. Held:

1. When charging on circumstantial evidence the trial court initially apparently inadvertently stated that “the proved facts must not only be consistent with the hypothesis of guilt but must include (instead of exclude) every other reasonable hypothesis save that of the guilt of the accused,” which misstatement is asserted as error.

When exceptions were solicited by the court at the end of the charge, no objection was made to the erroneous statement nor was any reservation of objections made. Under these…