96 So. 720 | Ala. Ct. App. | 1923
The first insistence of error is grounded upon the court's refusal to permit defendant's counsel to read to the jury, as a part of his argument, sections 10 and 15 of the Acts of the Legislature of 1919, p. 11 et seq. relating to prohibition. And as authority we are cited Weaver v. State,
It has many times been held — notably in Stewart v. State,
Under our system, evolved for the purpose of an orderly and fair administration of justice, the court is the judge of the law, and the jury must take the law as given them by the court. Any other rule might tend to misapprehension and confusion. As to whether the court will permit the reading of law to the jury is therefore discretionary. Such discretion not to be interfered with unless abused. Harrison v. State,
There is no theory upon which defendant could insist he was injured by a refusal of the court to permit counsel to read section 15 to the jury. That section fixed the crime and punishment, and the court so charged the jury, and at the same time charged them that they were not concerned with the punishment.
Charges, 1, 2, 3, 4, 5 and 6, were in effect requests for the affirmative charge. There was abundant evidence from which the jury could conclude that defendant was guilty as charged.
We find no error in the record, and the judgment is affirmed.
Affirmed.
MERRITT, J., not sitting.