Linder v. State

on rehearing.

May 2, 1923.

MORROW, Presiding Judge.

Appellant insists that under the present practice, it is not necessary that the record show that there was an exception to the refusal of a special charge in order to require this court to review the action of the trial court in refusing the request. It is believed that in so contending, the distinction between the practice in civil cases and that in criminal cases has not been given due consideration. In the old code touching the request for a special charge in civil cases, the declaration is made that when authenticated and filed they become…