Boykin v. McRae

I can not for many reasons concur in the judgment of my learned colleagues. However, I shall content myself with stating only a few of these reasons at the present time. I can not agree to the principle announced in the first headnote, in which it is said that “It is error for the trial-judge to refuse a timely and proper request to write out his charge and read it to the jury; and such error may be complained of in a direct bill of exceptions, without a motion for a new trial, where it is shown that the verdict was not demanded.” The Code of 1933, §§ 81-1102, 81-1103, gives litigants in…