Anders v. State

LAWSON, Justice.

The writ of certiorari was granted in this case to review the ruling of the Court of Appeals to- the effect that an exception to the trial court’s oral charge was by reference only and therefore was not sufficiently definite to warrant review. The exception is as follows:

“We except to that portion of the Court’s oral charge wherein it was said malice may be presumed from the use of a deadly weapon.”

As stated in the opinion of the Court of Appeals, the appellate courts of this state have established the rule that an exception which merely describes or refers to the subject…