Tillman v. State

BOOKOUT, Judge.

Assault and battery; sentence: ninety days and a fine of $500.

The trial judge refused Charge No. 15 requested by the defense, which was as follows:

“The Court charges the jury that if you have a reasonable doubt of defendant’s guilt growing out of the evidence or any part of it, you must acquit him.”

The trial court did not instruct the jury that a reasonable doubt may arise from only a part of the evidence. Neither was *1075that matter covered in any given charges. On the contrary, the trial court instructed the jury as to a reasonable doubt arising after considering all the evidence.