Section 12-16-13

Charges moved for by parties; appeals; general charges.

Charges moved for by either party must be in writing and must be given or refused in the terms in which they are written, and it is the duty of the judge to write "given" or "refused," as the case may be, on the document and sign his name thereto, which thereby becomes a part of the record. Charges which are marked "given" by the trial judge must be taken by the jury with them on retirement, and those "refused" must be retained by the clerk. The court shall, after the conclusion of his charge to the jury, read such written charges as he has given for the parties in a clear and audible voice, saying to the jury, "these are instructions given you by the court at the request of the plaintiff or defendant, as the case may be, and are correct statements of the law to be taken by you in connection with what has already been said to you." The refusal of a charge, though a correct statement of the law, shall not be cause for a reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the court's general charge or in charges given at the request of parties. In case of appeal, the charges must be set out in the record on appeal in the following manner:

(1) The charge of the court;
(2) The charges given at the request of the plaintiff or the state;
(3) The charges given at the request of the defendant; and
(4) The charges refused to the appellant.

Every general charge shall be in writing or be taken down by the court reporter as it is delivered to the jury.

(Code 1852, §2355; Code 1867, §2756; Code 1876, §3109; Code 1886, §2756; Code 1896, §3328; Code 1907, §5364; Acts 1915, No. 716, p. 815; Code 1923, §9509; Code 1940, T. 7, §273.)