103 P. 737 | Okla. Crim. App. | 1909
This is a companion case to the case of Weber v. State, ante,
p. 329,
Numerous assignments of error are set forth in the petition. However, as the same or a similar instruction was given by the court in this case as that given in the case of State v. Weber,supra, wherein this court, after fully considering the question, held that the giving of such an instruction constitutes reversible error, it is unnecessary to consider the other assignments.
For the reasons set forth in said opinion, this cause is reversed, and remanded to the county court of Creek county.