Middleton v. State

on rehearing.

February 4, 1920.

LATTIMORE, Judge.

—Appellant’s able motion for rehearing urges a number of interesting questions, first among them being the insistence that the charge of the trial court on principals was erroneous, and that we should have so held.

Our Procedure in this State requires, under certain statutory directions, that the charge of the court be excepted to in due time, so that the supposed errors which are pointed out may be corrected, and the cost and delays of appeals be lessened; failure to so except is held to cure all errors in the charge not fundamental. Examining…