McBride v. State

The given and refused charges requested in writing by the defendant appear in the record, but the oral charge of the court does not appear. In the absence of this oral charge under Supreme Court rule 45, we will presume that the refused charges, where they state correct propositions of law, were covered by the court’s oral charge. Code 1923, § 9509; Cofield v. State, 18 Ala. App. 12, 88 So. 353; Bell v. Burns, 206 Ala. 465, 90 So. 491.

The foregoing does not'apply to the giving or refusing of the general affirmative charge. Where a defendant is entitled to general instructions to acquit under…