William Claud Wright v. State Alabama Book Reviews

William Claud Wright v. State Alabama by Supreme Court of Alabama Book Summary

LIVINGSTON, Chief Justice. Petitioner argues in support of his petition for certiorari to the Court of Appeals that the following
statement of the Court of Appeals on rehearing [111 So.2d 595] is an erroneous statement of the law: 'Wright has applied for a rehearing asking us to reconsider mainly (1) our view of the joint criminal responsibility of Berness
and Wright; and (2) that it was error not to have condemned the trial court's use (on page 593 of 111 So. 2d) of: 'If you
are satisfied * * * beyond a reasonable doubt that Mr. Wright was not driving * * *.' (Italics supplied.) 'As to the latter,
we consider any error from the statement of the burden of the proof therein (to which Wright duly excepted) was cured by the
giving of Wright's requested charge 17 and by the remainder of the oral charge fairly read with the given charges.' As we
construe that part of the opinion of the Court of Appeals, it holds that an erroneous portion of the oral charge of the court
is cured by the giving of a written charge requested by the defendant which correctly states the law, or, where a portion
of the oral charge, when considered alone, is objectionable, it is cured if, when construed with the whole oral charge and
written given charges, the objection is not apparent.

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