HARWOOD, Presiding Judge.
This case was ordered reversed because of what we considered an error in the court's oral instructions.
In the State's application for rehearing it was pointed out that the record shows that reservation to the erroneous instruction was not made untilafter the jury had retired. This being so, the attempted reservation cannot be availed of on appeal. Brown v. State, 27 Ala.App. 32, 165 So. 405; Ennis v. State, 37 Ala.App. 716...
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