Code Practice And Precedents Embracing All Actions And Special Proceedings Unde

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Code Practice And Precedents Embracing All Actions And Special Proceedings Unde
Alfred Yaple
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Morris v. Faurot, 21 O. S. 155.
Allowing evidence out of its order is within the discretion of the court, and if ground of error at all, it is only where it appears that a fair trial was thereby prevented. Webb v. State, 29 O. S. 351.
Clause 5. Refusal to charge a proposition not appearing to be in- volved in the case is not ground of reversal. Lewis v. State, 4 O. 389; Cresingerv. Welch, 15 O. 156; Gill v. Sells, 17 O. S. 195; Lear v. McMiUen, 17 O. S. 464; Oliver v. Sterling, 20 O. S. 391 ; P
...ittsburgh, etc. , E. Co, v. Fleming, 30 O. S. 480.
Where a court is asked to charge a series of connected propositions, some of which are law and some not, the better course is to give so much of the charge as is sound law ; but it is not error to refuse the charge as an entirety. Inglebrigkt v. Hammond, 19 O. 337 ; French v. Millard, 2 O. 8. 44 ; Walker v. Devlin, 2 O. S. 593.
If the court refuse to charge in regard to a matter as to which com- pliance with the request could not have aided the party making it, the refusal constitutes no ground of reversal.


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