30 Ala. 45 | Ala. | 1857
There is one portion of tbe charge given by tbe court, at tbe instance of tbe solicitor, upon which tbe judgment of conviction must be reversed. Tbe charge is in these words: “If tbe jury believed that tbe defendant knew of, and was concerned in, and aided in tbe stealing of the copper, as set out in the evidence, then they might find him guilty, although he was not actually present at tbe time of tbe larceny.” Tbe erroneous portion of tbe charge we have italicized. These are words of reference, and refer to tbe evidence as sustaining tbe facts supposed
"We have found no other error in the record.
The judgment of the city court is reversed, and the cause'remanded.