Orr v. State

On Application for Rehearing

The record here shows:

“The defendant excepts to that portion of his Honor’s Charge commencing with ‘this court expects a verdict in this case’ and continuing with ‘it cost the tax-payers money, etc.’ ”

This reference was not merely topical and hence not too indefinite within the illustrations given in Robinson v. State, 38 Ala.App. 315, 82 So.2d 815. We distinguish the illustration given in Cantor v. State, 27 Ala.App. 40, 165 So. 597, in that here counsel quoted the gist or substance— “this court expects a verdict in this case.” The reason for our rule that the…