State v. Eubanks

The record contains at least one bill of exception for which the verdict and sentence should be set aside and a new trial granted. I refer to bill No. 2, in which the complaint is made that the judge gave a part of his charge to the jury orally, notwithstanding he was requested by the defendant’s attorney at the proper time to give a written charge, and notwithstanding the charge was principally in writing. The minutes of the court show — and it is admitted — that the defendant’s attorney arose and objected while the judge was charging the jury orally. A bill of exceptions was reserved…