Booker v. State

MORRISON, Judge.

The offense is possession of whisky, beer, wine and gin in a dry area for the purpose of sale; the punishment, a fine of $765.00.

Bill of Exception No. 1 complains of the giving of that portion of the court’s charge defining the burden of proof which concluded as follows:

“ ‘and unless the state has discharged this burden and proven to your satisfaction beyond a reasonable doubt, such facts, it will be your duty as jurors to resolve that doubt in favor of the defendant and say by your verdict “not guilty.” ’ ”

*326It is contended that as given the charge is on the weight of the…