Goff v. Sellers

Section 9507, Code 1923 (section 2274, Code 1852), declares that the court “shall not charge upon the effect of the testimony, unless required to do so by one of the parties.” It has been held that this section “was not intended to abridge the original, inherent power of the court to direct the attention of the jury to undisputed, admitted facts.” Dennis v. State, 112 Ala. 64, 20 So. 925; Tidwell v. State, 70 Ala. 33. And, “when the record shows affirmatively that certain facts are clearly shown and not disputed — not made any part of the contention — then it is not error if they be assumed…