Cannon v. State

The motion for a rehearing by the State cites many cases to the effect that it is error to charge on reasonable account of recently stolen property when that is not an issue in the case. This was one of the basic reasons why this judgment was reversed. It is always error, as we understand the decisions and the law, for the court to charge upon an issue adverse to the defendant when that issue is not made by the facts, whether this be assuming the issue of reasonable account, or any other adverse proposition, when the facts do not suggest or raise such issue. Authorities would not be necessary…