Waddle v. Commonwealth

Opinion by

Judge Cofer:

The instructions given at the instance of the commonwealth were not excepted to by the defendant; and this court has so repeatedly held that unless exceptions are taken to the giving of instructions in criminal trials, they are waived, that we do not now feel at liberty to hold that exceptions are unnecessary.

This construction of the Criminal Code was adopted as early as i860 in the case of Clem v. Commonwealth, 3 Met. 10, and in Burns v. Commonwealth, Ib. 13, and has been repeatedly recognized and acted upon since that time, and the matter has thus been placed beyond…