Coatney v. State

I concur only because we do not know what was the import of the tendered written charges. In this posture we have error apparent on the record. (The oral charge must be taken down and it becomes a part of the record. Code 1940, T. 7 § 273, last sentence.). The request appears at the conclusion of the oral charge. An exception was reserved. See Vinson v. State, 10 Ala.App. 61, 64 So. 639; Gaddis v. State, 39 Ala.App. 68, 94 So.2d 228.

In Jackson v. State, 24 Ala.App. 601, 139 So. 576, a cavalier rejection and omission to endorse requested written instructions either as “given” or “refused” was…