Lambeth v. State

BOWEN W. SIMMONS, Retired Circuit Judge.

Appellant-defendant was indicted for assault and battery. The alleged victim was Ernest Cole Bohannon. The jury returned a verdict of guilty, but did not impose punishment. The trial court sentenced him to six months imprisonment. This appeal was timely taken.

Appellant asserts that the trial court committed reversible error in refusing his written charges (1) and (5). We quote these charges.

“DEFENDANT’S REQUESTED CHARGE NO. 1

“I CHARGE YOU, MEMBERS OF THE JURY, THAT ANY VERDICT YOU REACH MUST BE UNANIMOUS, AND IF ANY JUROR HAS A REASONABLE DOUBT OF THE…