Jarrell v. State

BROWN, Justice.

It is familiar law that to justify the reversal of a trial court for refusing a special written instruction requested by a party to the suit or prosecution, such instruction must be couched “in the correct and appropriate terms of the law.” Hudson v. State, 217 Ala. 479, 116 So. 800, 802; Ex parte State ex rel. Attorney General, 211 Ala. 1, 100 So. 312.

The Court of Appeals reversed in the instant case because the trial court refused defendant’s written instruction, to-wit: “The court charges the jury that the evidence in this case is circumstantial and that before you can…