Ellard v. J. Blach & Sons

LAWSON, Justice.

The appeal in this case is on the record, which discloses the pleadings, written charges given and refused, the oral charge of the court and the verdict and judgment, but no transcript of the evidence and proceedings on the trial. Act No. 97, approved February 9, 1956, Acts of Alabama, 1956 Special Session, Vol. 1, p. 143; 1957 Supplement to the 1940 Code of Alabama, pp. 93 and 94, where the pertinent parts of said 1956 Act are set out as § 827(1), Title 7, Code 1940.

The two assignments of error relate solely to the giving of a written charge at the request of the defendant…