Birkley v. State

Defendant was charged jointly with Davis McAlester with the crime of larceny of domestic fowls, in Okmulgee county; was granted a severance, tried, convicted, and sentenced to serve a term of one year in the penitentiary, and has appealed.

For a determination of this appeal it is only necessary to consider one assignment of error. It is contended that the evidence is wholly circumstantial, and the court erred in refusing to give a requested instruction offered by defendant, which was as follows:

“You are instructed that the state relies for a conviction in this case upon what is known as…