Dunagan v. State

Quillian, Chief Judge.

The defendant appeals his conviction for abandonment of an illegitimate child. Held:

1. During the course of his instructions to the jury the trial judge charged Code § 74-9901 in its entirety. This is enumerated as error.!

The State contends that this charge was requested by counsel for the defendant; hence no complaint may now be raised. While the trial judge at first indicated he thought the defendant’s counsel did request the charge, he offered to withdraw that portion of the charge and defendant’s counsel agreed, but counsel for the State objected and insisted that it…