Benson v. State

I concur in the judgment affirming appellant’s conviction. However, I cannot adopt the reasoning of the majority with regard to appellant’s enumeration of error concerning the failure of the trial court to “inform counsel of its proposed action upon the requests [to charge] prior to their arguments to the jury ...” as required by Code Ann. § 70-207.1 simply do not see how “we can state with reasonable certainty that the result in the trial court would have been the same if counsel had been informed by the court of its proposed action upon its request.” If the record were complete in this…