Trawick v. State
Trawick v. State
Opinion
Timothy Lamar Trawick was convicted of two counts of rape in the first degree and two counts of sodomy in the first degree. He was sentenced to life imprisonment without parole as a habitual offender. Two issues are raised on appeal.
In a "charge conference" held before the closing arguments of the attorneys and the oral instructions of the trial judge to the jury, defense counsel objected to the judge's action in refusing some of his written requested charges. Counsel renewed his objections after the jury had been instructed. However, with regard to charges 11 and 12, counsel failed to state the grounds of his objections.
Temporary Rule 14, A.R.Cr.P., provides the method for objecting to the court's failure to give a written instruction. It requires that counsel must state "the matter to which he objects and the grounds of his objection." (Emphasis added.) Any error in the judge's failure to give these two written requested charges has not been preserved for review because counsel failed to state the grounds of his objections. Matkinsv. State,
We note that, while defense counsel did orally request that one charge be corrected, both charges as written contain improper statements of the legal principle applicable to this case.
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Timothy Lamar Trawick v. State.
- Cited By
- 7 cases
- Status
- Published