Poole v. State

On Rehearing.

BRICKEN, Presiding Judge.

Appellant’s application, to this court, for a rehearing in this case, is based upon the single point of decision which involves the action of the trial court in refusing to the defendant, on the trial in the court below,, the following written charge: “The court charges the jury that if there -is, from the evidence, a reasonable probability of defendant’s innocence, the jury should acquit the defendant.”

In opposition to the foregoing insistence-the Attorney General, representing the State, advances two propositions, viz.: “(1). That the refusal to give…