Hodge v. State

Court of Criminal Appeals of Oklahoma

Hodge v. State

1911 OK CR 228, 115 P. 379, 5 Okla. Crim. 703, 1911 Okla. Crim. App. LEXIS 173

Court of Criminal Appeals of Oklahoma·Decided May 9, 1911·No. No. A-540.·Published

Opinion

PER CURIAM.

Appellant was convicted for unlawfully pointing a weapon at another and his punishment was assessed at a fine of $50 and three months’ imprisonment. Upon the trial of this cause the court instructed the jury that if they were satisfied from the evidence that the defendant did not point the pistol at the prosecuting witness, they should return a verdict of not gui ty. Instructions similar to this have been repeatedly condemned by this court. See Weber v. State, 2 Okla. Cr. 329; Rea v. State, 3 Okla. Cr. 270; Clendenning v. State, 3 Okla. Cr. 540. Counsel for appellant reserved an exception to this instruction. For this error in the instruction of the court, the case is reversed and remanded.

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PER CURIAM.

Appellant was convicted for unlawfully pointing a weapon at another and his punishment was assessed at a fine of $50 and three months’ imprisonment. Upon the trial of this cause the court instructed the jury that if they were satisfied from the evidence that the defendant did not point the pistol at the prosecuting witness, they should return a verdict of not gui ty. Instructions similar to this have been repeatedly condemned by this court. See Weber v. State, 2 Okla. Cr. 329; Rea v. State, 3 Okla. Cr. 270; Clendenning v. State, 3 Okla. Cr. 540. Counsel for appellant reserved an exception to this instruction. For this error in the instruction of the court, the case is reversed and remanded.

Hodge v. State, 1911 OK CR 228, 115 P. 379, 5 Okla. Crim. 703, 1911 Okla. Crim. App. LEXIS 173 (Okla. Ct. App. 1911).

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Opinion

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