Fitzgerald v. State

(After stating the foregoing facts.) Special grounds 3 and 7 of the respective amended motions complain that the court erred in failing to comply with Code: § 81-1103, which provides as follows: “The charge so written out and read shall be filed with the clerk of the court in which, it was given, and shall be accessible to all persons interested in it,” referring to requests that the judge write out his charge. The complaint is that the court held the charge as written and read from April 19, the day of the trial, until May 19, when he-filed it with the clerk. A duplicate copy of the charge…