State v. Herring (1989)
In State v. Herring, 210 Conn. 78, 105 n.25, 554 A.2d 686, cert. denied, 492 U.S. 912, 109 S. Ct. 3230, 106 L. Ed. 2d 579 (1989), the Supreme Court excused the defendant's failure to file a written request where "defense counsel, upon inquiry to the trial court, had been reassured that he need not file a formal, written request to charge and that his oral request sufficed." State v. Herring, 210 Conn. at 105 n.25.
The Herring court did not, therefore, find the defendant's proposed instruction "inappropriate" under the first prong of State v. Whistnant. Id.