Robinson v. State

Crawford, Justice.

The plaintiff in error was indicted for retailing.spirituous liquors without license, and was found guilty by the jury; he moved a new trial upon several grounds set out in his motion, which was refused, and he excepted.

I. There are two questions made by this record for our decision. The first arises upon the refusal by the court to give the following request in writing in charge to the jury:

*518■“ In the trial of this case, as in all criminal cases in this state, the jury are the, judges of the law as well as the facts, and it is your privilege to differ with the court as to…