Merriweather v. Erwin

Gregg, J.,

dissenting. — I will only announce that I am unable to sec a sufficient reason to concur with the majority of the. court in the construction of the Code, which forbids us from passing upon the legality or illegality of the instructions, by the court, given to the jury in this case.

In this case, after the evidence was all before the court and jury, the appellant moved the court to give certain instructions to the jury, as the law applicable to the evidence before them; the court refused to so instruct them, and he excepted, rand by his bill of exceptions brought the evidence all upon…