Eldredge v. State

*285ON MOTION FOR REHEARING

DICE, Judge.

Appellant insists that we erred in refusing to consider his complaints of the court’s charge because it was the duty of the court to instruct the jury on every essential question in the case whether requested or not.

Art. 658, V.A.C.C.P., in placing the duty upon the trial judge to deliver a written charge to the jury in a criminal case, provides in part as follows:

“In each felony case and in each misdemeanor case tried in a court of record, the Judge shall, before the argument begins, deliver to the jury, except in pleas of guilty, where a jury has been…