6 Ga. App. 536 | Ga. Ct. App. | 1909
1. Section 1030 of the Penal Code as amended by the act of 1897 (Acts of 1897, p. 41) reads as follows: “Judges shall give written charges on request. The judges of the superior, city and county courts shall, when the counsel' for either party request it before argument begins, write out their charges and read them to the jury, and' it shall be error to give any other additional charge than that so written and read.” In this case a timely written request in strict conformity to this statute was made by the attorney for the defendant and wholly disregarded, and an oral charge delivered. Reversal necessarily results from this refusal of the court to comply with the mandatory terms of the statute.
2. The assignments of error contained in the 7th, 8th, 10th and 12th grounds of the motion for a new trial are meritorious, and a new trial should have been granted on each one of them. Judgment reversed.