Chancelor v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant’s motion for rehearing is predicated on the contention that this court erred in holding that the trial court’s instruction discussed in our original opinion, while erroneous, was harmless.

*101A further consideration of the question convinces us that appellant is right in his position.

The charge of the court must conform to, and be limited by, the allegations of the indictment, and also by the evidence. A charge presenting a defense or an issue not raised by the evidence should not be given, and a charge which is given in the abstract and…