Johnson v. Myers

Pannell, Judge,

concurring specially. I concur in the judgment, but cannot concur in all that is said in the opinion, which contains much obiter dicta, as there are a number of statements with which I do not agree; particularly the holding that an appellant waives his right to complain of the failure to give a proper request to charge if, on appeal, he fails to enumerate as error all matters in the charge given which may conflict with the request. We should not apply the waiver rules relating to objections to evidence to objections to the charge of the court.