Crawford and Dexter v. State

Court of Criminal Appeals of Oklahoma

Crawford and Dexter v. State

1912 OK CR 64, 119 P. 1129, 6 Okla. Crim. 718, 1912 Okla. Crim. App. LEXIS 272

Court of Criminal Appeals of Oklahoma·Decided January 17, 1912·No. No. A-1036.·Published

Opinion

PER CURIAM.

The Attorney General has filed a confession of error based upon the following instruction given by the trial court: “You are instructed that, when the state has proved beyond a reasonable doubt, as charged in the information, that the defendant had the *719 designated liquors in his possession, it is incumbent upon the defendant to show such liquors were a lawful purchase, and if you believe from all the evidence beyond a reasonable doubt that he was in the possestion of the liquors, and the same were not a lawful purchase, you should convict the defendant.” The instruction, supra, does not state any rule of law applicable to the trial of the issues raised in this case. Let the judgment be reversed and the cause remanded for a new trial.

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PER CURIAM.

The Attorney General has filed a confession of error based upon the following instruction given by the trial court: “You are instructed that, when the state has proved beyond a reasonable doubt, as charged in the information, that the defendant had the *719 designated liquors in his possession, it is incumbent upon the defendant to show such liquors were a lawful purchase, and if you believe from all the evidence beyond a reasonable doubt that he was in the possestion of the liquors, and the same were not a lawful purchase, you should convict the defendant.” The instruction, supra, does not state any rule of law applicable to the trial of the issues raised in this case. Let the judgment be reversed and the cause remanded for a new trial.

Crawford and Dexter v. State, 1912 OK CR 64, 119 P. 1129, 6 Okla. Crim. 718, 1912 Okla. Crim. App. LEXIS 272 (Okla. Ct. App. 1912).

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