Pelham v. State

On Rehearing.

The unnumbered charge refused to defendant reads as follows:

“The court charges the jury that if you have a reasonable doubt as to the guilt of the defendant growing out of the evidence you will acquit the defendant.” ,

This rule of law is fairly and substantially covered by the court’s oral instructions. The court will not be put in error for refusing charges fairly and substantially covered by the court’s oral charge. Acts 1915, p. 815. It is better and safer if the charge asserts a correct legal principle, to give it, unless it is in the exact language of a given charge.

However, the defendant in the instant case admitted shooting the mule and on this, point there was no conflict in the evidence. The only question for the jury about which there was a conflict was the value of the injury to the mule. The court would have been justified under the evidence in giving the affirmative charge for the state had it been requested in writing, leaving to the jury the assessment of the fine. The defendant cannot therefore complain of injury in the refusal of the requested charge..

The application for rehearing is overruled.