94 Ga. 142 | Ga. | 1894
The failure of the judge to comply with the oral request to modify the written charge was not error. When the court requested counsel to reduce the modification to writing, so that it could be understood, counsel should have complied with the request. The court is not bound to give in charge a request not made in writing, and clearly is not bound to give in charge oral modifications ■of a written request, especially where he has asked counsel to reduce the modification to writing and counsel has failed to do so. A request of this kind is sometimes ■calculated to confuse the judge, and it would not always
Under the facts of this case, however, giving the jury credit for ordinary intelligence, we do not think the erroneous charge on this subject could have prejudiced the defendant. The evidence fully warranted the verdict, and we do not feel constrained to grant a new trial for this error alone. Judgment affirmed.