Carroll v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Mayes county of stealing domestic fowls, and was sentenced to serve a term of 18 months in the penitentiary.

The principle contention is that the court erred in refusing a requested instruction on circumstantial evidence. The requested instruction was in proper form. If the evidence for the state were fully circumstantial, the refusal of the request would be error. This rule is well settled. Bock v. State, 31 Okla. Cr. 313, 216 Pac. 612; Moore v. State, 31 Okla. Cr. 277, 216 Pac. 618. It is equally…