Ex Parte Allen

This Court granted defendant's petition for certiorari in order to review his claim that the Court of Criminal Appeals erred in holding that there is no longer an "automatic exception" to a trial court's refusal of a written requested jury instruction. After reviewing the reasons stated in the opinion of the Court of Criminal Appeals, 414 So.2d 989, we are of the opinion that the judgment entered by that court is due to be affirmed.

The "automatic exception" statute was first adopted as a rule of practice in both civil and criminal cases on December 17, 1894. Act No. 74, Acts of Alabama,…