Davis v. State

1. Although "the jury must accept as the law what the court charges them as being the law," and it is the province of the jury only "to apply the law so construed to the facts," so that in this sense alone are they "judges of the law" as well as the facts (Mims v. State, 188 Ga. 702 (4), 705, 4 S.E.2d 831, and cit.; Code, §§ 2-201, 27-2301), the mere use of the words "except that," in an instruction that "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," could not have misled…