Barklay v. State

ON REHEARING.

June 25, 1919.

LATTIMORE, Judge.

Appellant has filed a motion for rehearing contending that this court erred in holding it incumbent upon the defendant to ask a special charge correcting a given error in the court’s main charge, in addition to an exception taken to such error. We did not intend in our opinion to hold as this motion intimates we did, but fearing that our opinion lacked clarity, we will try to make it clear.

The second ground of appellant’s exception to the main charge was as follows: “Because the court failed to charge the jury that the defendant had a right to act…