Goff v. State

In Part II, the majority holds that "the appellant's requested charge on enticing a child was properly refused, because it contained a misspelled word ('lascinious,' rather than 'lascivious' as used in the statute, § 13A-6-69)." In my opinion, this Court should stop holding that a written requested charge was properly refused because the charge contained a "misspelled word."

Rule 14, A.R.Crim.P.Temp., adopts the policy of Rule 51, A.R.Civ.P. Rule 51 does not permit an appellate court to uphold the trial court's refusal of otherwise proper charges on the hypertechnical ground of misspelled…