Section 12-22-132

Reserving questions of law; presumption that written charges asked before jury retired.

Any question of law arising in any of the proceedings in a criminal case tried in the circuit court may be reserved by the defendant, but not by the state, except as provided in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals. All written charges in the record on appeal shall be presumed to have been asked of the court before the jury retired unless shown to the contrary by notation of the trial judge of the refused charges.

(Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508; Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)