15 Ga. App. 346 | Ga. Ct. App. | 1914
1. A charge which instructs the jury in a criminal case that “a reasonable doubt . . is the doubt arising in the minds of twelve reasonable men,” and which directs the jury to acquit the defendant if they “as twelve reasonable men entertain such a doubt,” is erroneous, and'imposes upon the accused a greater burden than the law warrants, since a reasonable doubt conscientiously entertained by one or more jurors (less than twelve) should at least entitle the defendant to a mistrial. 12 Cyc. 492.
2. It is error for a trial judge to instruct the jury that it would be their
3. Since the case must go back for a new trial, it is unnecessary to refer to the ground of the motion for a new trial based on alleged newly discovered evidence. Judgment reversed.