State v. Rouw

Defendant was charged by information with the .crime of willfully and unlawfully manufacturing intoxicating liquor for the purpose of sale, barter and exchange thereof. Upon his trial the jury returned a verdict of guilty, whereupon defendant moved for a new trial, which motion the superior court granted upon the express ground, as shown by the order granting a new trial, that the court had erred in submitting to the jury two instructions' (infra). From the order granting a new trial, the state appeals.

The two instructions which the trial court held in its order granting a new trial to have…