57 Ga. 503 | Ga. | 1876
Lead Opinion
The defendant was indicted for the offense of “larceny from the vessel,” under the 4408th section of the Code, and upon his trial therefor, was found guilty. A motion was made for a new trial on the various grounds stated therein,
Let the judgment of the court below be affirmed.
Concurrence Opinion
concurring.
I concur in the judgment of the court in this- case, but not in that part of the opinion which, condemns the court below for charging the jury to the effect that if certain facts exist, then the law presumes that the defendant is guilty, and that they should find him guilty. On the contrary, I think it
I think the fault usual among presiding judges on jury trials, is that they deal too much in generalities, the jury not understanding what they mean; always, they should make the law clear and easily to be understood by the jury, and to do this they must practically apply it to the facts by telling the jury that if you believe, from the evidence, such to be the facts, then such is the law, and defendant is guilty, and you should so find. I cannot, therefore, give my concurrence to the construction put upon Judge Lumpkin’s remarks or questions, in 34 Georgia Reports, nor to the condemnation of Judge Tompkins’ charge in this case.