Culliver v. State

ON APPLICATION FOR REHEARING.

(6) Upon careful reconsideration of this matter, we are of the opinion that the trial court erred in giving that portion of its mero motu charge, set out in the bill of exceptions, in that said portion of the charge is upon the effect of the evidence and inva*379sive of the province of the jury. For this reason, the application is granted, and the judgment of affirmance set aside.

Reversed and remanded.