Washington Fidelity National Ins. v. Herbert

The charge requested in writing to .be given before argument is conceded to be a correct statement of the law, pertinent to an issue in the case and the facts embodied therein supported by competent evidence.

The provisions of the statute, Section 11447, General Code, that a requested instruction meeting the above requirements shall be given to the jury prior to argument, are mandatory. This principle has been announced in numerous cases, in which it has been further declared that the error of refusing to give such requested charge before argument is not cured by giving the same instruction in…