Evans v. State

Deen, Presiding Judge.

Appellant was indicted, tried, and convicted of aggravated assault. On appeal he asserts two enumerations of error.

1. He contends that the trial court committed reversible error in refusing, after express request, to inform his counsel of its proposed action on his six submitted written requests to charge because Code Ann. §70-207 (b) provides in part: "The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury ...”

An examination of the record shows that counsel satisfied the condition precedent to the application of the…