— The charge asked by the defendant was properly refused. It sought to obtain the verdict of the jury, based on a comparison of the number of witnesses on the opposing sides, and the weight of their testimony respectively. Such rule would be eminently artificial and complicated, is at most an argument, and its tendency would be to mislead. We have uniformly ruled that such charge is improper, and should not be given. — Ala. Fertilizer Co. v. Reynolds, 79 Ala. 497, and authorities cited.
In the judgment-entry the Circuit Court committed an error. The fine and costs not being presently paid, and no judgment confessed for the same, the court rightly sentenced the defendant to twenty days hard labor for the county, for non-payment of .the fine. In reference to the costs the judg
The present judgment must be reversed. The reversal, however, extends no farther than the judgment. The verdict of guilty must stand.
Reversed and remanded, that the Circuit Court may enter the proper judgment in reference to the costs.