Brasher v. State

The controlling principles of law governing this case necessitates a reversal of the judgment of conviction from which this appeal was taken.

In this case the court instructed the jury orally as follows:

“The court charges the jury that, if you believe the evidence in this case beyond a reasonable doubt, you will find the defendant guilty as charged under count 2 of the indictment. The form of your verdict will be, ‘We, the jury, find the defendant guilty as charged under count 2 of the indictment,’ one of you signing it as foreman.”

No such written charge is shown by the record, and to thus…