# Henderson v. State

> Supreme Court of Alabama · November 15, 1902 · 137 Ala. 83

URL: https://www.frixlaw.com/law-library/cases/6519941

## Case

- **Full name:** Henderson v. State
- **Court:** Supreme Court of Alabama
- **Decided:** November 15, 1902
- **Citations:** 137 Ala. 83
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Tyson
- **Judges:** Tyson
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6519941

## Opinion text

TYSON, J.-
'Since the decision in Crosby v. Hutchin son, 53 Ala. 5 , it has been uniformly held that the judgment of a trial court can not be reversed for its: refusal to give a charge asked, unless it appears that it was asked in writing as the statute, ('Code, § 3328), requires. This is upon the familiar principle that, all reasonable intendments must be indulged to support the judgment of a court of general jurisdiction, and that unless error is affirmatively shown by the record, no reversal can be had.
*85 Tlie several charges refused, to defendant are not shown to have been in writing. This, of itself, justified their refusal, and we can not consider them. — Wheless v. Rhodes, 70 Ala. 419 ; Ricketts v. Birmingham St. Railway Co., 85 Ala. 600 ; Walker v. State, 91 Ala. 76 ; Bellinger v. State, 92 Ala. 86 ; Foxworth v. Brown, 114 Ala. 299 .
The charge given at the. request of the1 solicitor is not shown not to have been in writing. Applying the same rule of presumption, we are constrained to bold that it was requested in writing, the contrary not affirmatively appearing, 14 properly hypothesized the facts and asserted a correct proposition of law.— Woodbury v. State, 69 Ala. 242 ; Sandy v. State, 60 Ala. 58 .
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6519941. Public record. Not legal advice.