State v. Bungardner

In these cases the main question is, whether a defendant can assign as error the failure of the judge below to give his charge in writing as required by the act of 1873, ch. 57, where the judge asked the counsel of the prisoner, in the presence of the jury, he desired a written charge, and .the counsel expressly waived it, agreeing to a verbal charge.

While the statute is imperative on all the judges, and he is guilty of a failure of his duty when be does not write and deliver his charge in writing to the jury, and one that should be reprobated; and we add, while he ought not to ask the…