Millirons v. State

1. (a) Grounds of a motion for a new trial complaining of the refusal to give certain requested instructions raise no question for the consideration of this court where “it does not affirmatively appear that the requests to charge were presented to the court before the jury had retired to consider their verdict. Averments that a ‘written timely request’ was made, or- that a request was made in writing ‘in ample time for the court to consider it,’ or that ‘movant requested the court to give said charge to the jury in ample time,’ are mere conclusions of the pleader and do not come up to the…