Harper v. Hudson

Mobley, Justice.

1. The first special ground of the amended motion for new trial complains that the trial court erred in failing to charge the jury “that not only was the burden upon the plaintiff to prove her case by a preponderance of the evidence, but that the proof of the facts set up in her petition with regard to the claim of a parol gift of land must be such as to satisfy the minds of the jury to a reasonable certainty and beyond a reasonable doubt that such parol gift was made as alleged.”

A reading of the entire charge shows that the trial court did not instruct the jury that any…