Berry v. State

CATES, Judge.

Hit and run driving (Act 427, approved July 9, 1945) : sentence, four years.

I

In Birt v. State, 156 Ala. 29, 46 So. 858, we find the following practice note:

“There were requested in behalf of the state upwards of 20 special charges. In *309these it was attempted to state numerous phases of the law conceived to be applicable to the cause. The safer practice in criminal prosecutions is for the state to sparingly, and then only when the ground is plain, exercise the privilege of asking special instructions by the court. *

In the trial sub judice, the State (through its special…