Parker v. State

DeCARLO, Judge.

This appeal is from a judgment of the Lawrence County Circuit Court adjudging appellant guilty of grand larceny and sentencing him to six years imprisonment.

Consideration of the question presented on appeal does not require a review of the facts involved, therefore, we direct our attention to Charge 1, given at the instance of the State:

“For the State, Charge 1: ‘I charge you, ladies and gentlemen of the jury, that if you believe the evidence in this case you cannot find the defendant not guilty.’ ”

This instruction to the jury is erroneous for at least three reasons. First, it…