“[Ejvery accused is entitled to have charges given which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility.”
How later courts described this case
- “[Ejvery accused is entitled to have charges given which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility.”
- "[E]very accused is entitled to have charges given which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility."
- “ ‘ “In the absence of a ruling, a request for a ruling or objection to the court’s failure to rule, there is nothing preserved for appellate review.” ’ ”
Written by the judges who cited it.
The opinion
In making his objection to the court's charges, defense counsel said:
"We further make exception, Your Honor, to the accomplice statute — I mean the accomplice charge where the Court failed to make a significant distinction between a felony murder doctrine and accomplice liability in that the accomplice liability requires a greater showing of the defendant's individual intent."
The court responded:
"Well, the Court has given considerable thought to all the possible lesser included offenses, and after such consideration finds no rational basis for giving those offenses based on the facts of the evidence as presented by the state in this case. Anything else?"
(Emphasis added.) This is as adverse a ruling as can be made, and preserves this issue for our review on the merits. *Page 1021