MADDOX, Justice. Petition of Jimmy Darrell Owens for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Owens v. State, 53 Ala. App. 553, 302 So.2d 240. Writ denied.
The appellant first contends, as he did unsuccessfully on his motion for new trial, that the trial court erred in failing to instruct the jury that a killing must be intentional to support a conviction for either second degree murder or first degree manslaughter. It does not appear that counsel for appellant requested that such a charge be given, and it is evident that when the court had completed its oral charge and inquired of the parties, "Is there anything else by either party now," counsel for appellant replied, "No, sir, Judge" (R. 106, 107). "Exceptions to the oral instruction of the court must be taken in the presence of the jury and before the jury retires so that the trial judge will have an opportunity to make any corrections. Thomas v. State, Ala.Cr.App., 352 So.2d 25; Owens v. State, 53 Ala. App. 553, 302 So.2d 240, cert. denied, 293 Ala. 769, 302 So.2d 243 (1974); Cox v. State, 280 Ala. 318, 193 So.2d 759 (1967)."Maund v. State, Ala.Cr.App., 361 So.2d 1144 (1978).
We hold that in the absence of a timely objection there is nothing for this Court to review. Cox v. State, 280 Ala. 318, 193 So.2d 759; Van Antwerp v. State, Ala.Cr. App., 358 So.2d 782; Owens v. State, 53 Ala. App. 553, 302 So.2d 240; Certiorari Denied, 293 Ala. 769, 302 So.2d 243. We have searched the entire record for errors prejudicial to the appellant and have found none.
Watkins v. State, 50 Ala. App. 111, 277 So.2d 385, cert. denied, 291 Ala. 801, 277 So.2d 389 (1973); Hill v. State, 48 Ala. App. 240, 263 So.2d 696 (1972); Barnwell v. Murrell, 108 Ala. 366, 18 So. 831 (1895). Exceptions to the oral instruction of the court must be taken in the presence of the jury and before the jury retires so that the trial judge will have an opportunity to make any corrections. Thomas v. State, Ala.Cr.App., 352 So.2d 25; Owens v. State, 53 Ala. App. 553, 302 So.2d 240, cert. denied, 293 Ala. 769, 302 So.2d 243 (1974); Cox v. State, 280 Ala. 318, 193 So.2d 759 (1967). At the conclusion of the court's oral charge, defense counsel took no exception to the court's failure to charge on the law of self-defense. Except for an exception to an unrelated point of law, defense counsel announced that he was satisfied with the court's oral charge, therefore, there is nothing presented for this court to review in this regard.
There were no exceptions thereto. In the absence of an exception, or written requested charges which are refused the defendant, the oral charge is not reviewable. Sullivan v. State, 48 Ala. App. 347, 264 So.2d 576. Exceptions to the oral charges of the court should specify the part excepted to. Owens v. State, 53 Ala. App. 553, 302 So.2d 240. Application overruled.
It is settled law in Alabama that exceptions to the Court's oral charge must be made in the presence of the jury and before they retire to deliberate on their verdict. Owens v. State, 53 Ala. App. 553, 302 So.2d 240; Evans v. State, Ala.Crim.App., 338 So.2d 1033. The record clearly shows that appellant did not comply with the law in the foregoing cases. We have carefully searched the record for errors injuriously affecting the substantial rights of appellant and have found none.
The reason for that rule is that the exception must come at a time where the trial judge will have an opportunity to correct his charge. Strickland v. State (1977) Ala.Cr.App., 348 So.2d 1105; Tuberville v. State (1977) Ala.Cr.App., 348 So.2d 868; Owens v. State, 53 Ala. App. 553, 302 So.2d 240, cert. denied 293 Ala. 769, 302 So.2d 243 (1974). In Strickland the jury had retired the previous night, but had not begun its deliberations when the exception was made, outside their presence, the next morning.
Failure to do so waives any error for the judge is not allowed to correct erroneous instructions. Owens v. State, 53 Ala. App. 553, 555, 302 So.2d 240, 242, cert. denied, 293 Ala. 769, 302 So.2d 243 (1974). III
Technically, the exception to the trial court's oral charge must have been made at the time the charge was given, and in the presence of the jury before it retired from the courtroom. Owens v. State, 53 Ala. App. 553, 302 So.2d 240, cert. denied 293 Ala. 769, 302 So.2d 243 (1974). For a multitude of cases on this point, see 6A Alabama Digest, Criminal Law, 841.
It is well settled in Alabama that an exception to the oral charge of the trial judge must be made in the presence of the jury before it retires from the courtroom. Strickland v. State Ala.Cr.App., 348 So.2d 1105; Owens v. State, 53 Ala. App. 553, 302 So.2d 240, cert. denied 293 Ala. 769, 302 So.2d 243 (1974). For a multitude of cases on this point, see: 6A, Alabama Digest, Criminal Law, 841.