EX PARTE STATE

85-542.

497 So.2d 201 (1986)

Ex parte STATE of Alabama. (Re Randy Lee MATKINS v. STATE of Alabama).

Supreme Court of Alabama.

October 3, 1986.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. and Jane LeCroy Brannan, Asst. Atty. Gen., for petitioner.

Phillip B. Price, Huntsville, for respondent.


MADDOX, Justice.

We granted certiorari to review the following question:

In a criminal case, is a defendant precluded from claiming error in the trial court's failure, in its oral charge, to instruct the jury on a particular matter because the defendant failed to file any written requested instruction?

To answer this question, we must consider the application of Temporary Rule 14, Ala.R.Crim.P., which provides, in pertinent part, as follows:

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