Hedden v State

Hedden v State
1909 OK CR 91
103 P. 737
2 Okl.Cr. 588
Case Number: No. A-13
Decided: 08/30/1909
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

INSTRUCTIONS - Presumption of Innocence.

Appeal from Creek County Court; Josiah G. Davis, Judge.

Will Hedden was convicted of unlawfully selling intoxicating liquor, and he appeals. Reversed and remanded.

Barnum & McGraw and Thompson & Smith, for plaintiff in error.

Fred S. Caldwell, for the State.

PER CURIAM. This is a companion case to the case of Weber v. State, ante, p. 329,

Page 589

1908, Will Hedden, John Tinkler, and John Doe (Frank Weber) did sell to one S.W. Barnhill one-half pint of whisky. Defendant was granted a severance. Upon the trial the jury returned a verdict of guilty, motion for new trial was filed, overruled, and exception allowed, and the court pronounced judgment. The case was appealed. At the May, 1909, term said cause was submitted.

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.