Rea v. State

There is no mandatory statute in this state requiring that in all instances instructions to juries shall be in writing. The language of the law is:

"All instructions given shall be in writing unless waived by both parties and shall be filed and become a part of the record in the case." (Wilson's Rev. Ann. St. 1903, § 5484, par. 6.)

The presumption of law is that all proceedings in courts of record are regular. The burden is on the party who questions this regularity to show clearly that irregularity exists. The statute having in express terms provided that written instructions may be waived, in…