Hopkins v. State

Duckworth, Justice.

Ground 4 of the motion for a new trial complains of the following excerpt from the charge to the jury: “The charge of the court is the law of the case, and by it you are bound, except that you are the judges of the law in applying it to the facts as you find them to be.” It is insisted that this portion of the charge declared an exception to the rule of law that the jury is bound by the law as given them in charge, and that it worked an injury to the defendant, in that the jury were caused thereby to believe that they were not bound by the law as given by the court and…