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17 Ala. App. 57

81 So 689

Wright v. Walker

Alabama Court of Appeals

Decided May 13, 1919

Alabama Court of Appeals · decided 1919-05-13

<p>Appeal and Ebbor <©=702(1) — Absence oe Oral Charge and Bill oe Exceptions.</p> <p>Under Acts 1915, p. 815, where the oral charge of court is not set out in th,e record, and there is no bill of exceptions, the appellate court cannot review the written charges requested by appellant.</p> <p><§zs>For other cases se© same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes</p>

Relies on Mitchell v. State

Affirmed · Decided 1919-05-13

SAMFORD, J.

¶1 The. oral charge of the court is not set out in the record, nor is there a bill of exceptions. The only assigns ments of error are based upon the refusal of the court to give certain written charges. Where this is the case, under the universal rulings of this court and of the Supreme Court, beginning with the Acts of the Legislature of 1915 (Acts 1915, p. 815) as construed in the case of Mitchell v. State, 14 Ala. App. 104, 71 South. 982, and in all subsequent eases bearing upon this subject, collated in Shepard’s Alabama Citations, vol. 3, p. 141, the appellate court cannot review the written charges requested by the appellant.

¶2 The judgm’ent of the circuit court is affirmed.

¶3 Affirmed.

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