Mumbrauer v. State

Court of Criminal Appeals of Oklahoma

Mumbrauer v. State

1910 OK CR 30, 106 P. 559, 3 Okla. Crim. 429, 1910 Okla. Crim. App. LEXIS 173

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 25, 1910

DocketNo. A-70.

StatusPublished

This text of 1910 OK CR 30 (Mumbrauer v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mumbrauer v. State, 1910 OK CR 30, 106 P. 559, 3 Okla. Crim. 429, 1910 Okla. Crim. App. LEXIS 173 (Okla. Ct. App. 1910).

Pincite

Opinion

*430 OWEN, Judge.

The counsel for the Governor,' representing the state in this case, has filed his written confession of error, confessing that the lower court erred in 'instructing the jury 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 J. W. Dobson any intoxicating liquor,- or receive in exchange therefor any money, 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.”

Under the rule announced by this court in the case of Weber v. State, 2 Okla. Cr. 329, 101 Pac. 355, and the authorities cited there, the confession of error must be sustained.

The case is reversed, with directions to grant the defendant’s motion for a new trial. ■■ ■ '

FURMAN, PresidiNG Judge, and DOYLE, Judge, concur.

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