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24 Ala. App. 333

134 So 896

Windham v. State

Alabama Court of Appeals

Decided May 26, 1931

Alabama Court of Appeals · decided 1931-05-26

Decided 1931-05-26

SAMFORD, J.

¶1 After the evidence was all in, and without having been requested to do so in writing by one of the parties, the court instructed the jury orally: “Gentlemen, if you believe the evidence in this case beyond a reasonable doubt, you will find the defendant guilty and you will assess a fine against him between the limits of fifty and five hundred dollars.” This was a charge upon the effect of the evidence, and may not be given unless required to do so by one of the parties. Michie’s Code 1928, § 9507, and authqrities there cited.

¶2 The judgment is reversed, and the cause is remanded.

¶3 Reversed and remanded.

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