McKenna v. State

(concurring specially). — I realize quite well that in this State the rule has been handed down without qualification from judge to judge, year after year, to the general effect that no judgment will be reversed in this Court because of the failure of a trial judge to give a particular charge to the jury, unless the substance of the charge omitted was specifically requested to be given, was refused, and proper exception taken to such refusal at the time thereof.

But this rule, like many other rules that we .have ofttimes “parroted” without qualification, is subject to the limitation of that…