On the trial of an indictment for any other offense than libel, questions of law are to be decided by the court, questions of fact by the jury; and although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.

[(19-2131) Cr. Prac. 1864, sec. 384, p. 259; R.S., R.C., & C.L., sec. 7885; C.S., sec. 8971; I.C.A., sec. 19-2031.]