Ellison v. State

1. Though a portion of the excerpt'from the charge embraced in ground 1 of the motion for a new trial was inaptly expressed, a new trial is not required because of this slight error, as it is not likely that the jury were misled thereby.

2. The court is alleged to havé “erred in failing to give in charge to the jury the rule of the road as set out in § 828 (ee), and in that connection should have charged the jury” a certain proposition of law. It is not alleged that there was any written request made for such instructions. It is not even alleged in the ground that § 828 (ee) is a part of the…