106 P. 540 | Okla. Crim. App. | 1910
The attorney for the state filed the following confession of error:
"Comes now the state of Oklahoma, by Fred S. Caldwell, as counsel to the Governor, and represents to this honorable court that, as appears at page 33 of the record in the above-named cause, the trial court instructed the jury, in paragraph No. 6 of the instructions, as follows: `If you believe from the evidence that the defendant did not, on or about the day and in the county and state aforesaid, deliver to the said Frank Engles whisky, and receive in exchange therefor money or other valuable consideration, or if there is a reasonable doubt in your mind as to the guilt of the defendant, then it is your duty, under the law, to render a verdict of not guilty.' To the giving of the above instruction the defendant duly excepted at the time. This honorable court has, in the case of Weber v. State,
The confession of error is sustained, and upon the authorities cited in Miller v. State, ante, p. 374,