Kerr v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant attaches to his motion for rehearing a certified copy of each of his special charges, that we may see that he did except to the refusal of the court to give same. It is to be regretted that when said charges were presented to the trial court and refused, he was not asked to certify or authenticate the fact that his refusal to give said charges was excepted to in each instance. It has been the uniform holding of this court that a notation of such exception, signed only by the attorney for the accused, will not be accepted by this court as a…