Kirts v. State

Appellant, in the court below, was convicted of an offense defined by §1, Acts 1923 p. 108. Accordingly, judgment was rendered. Appellant appealed and has assigned as error in this court the overruling of his motion for a new trial, wherein the causes relied on are the refusal of the trial court to give his requested instruction No. 23, and in giving instructions Nos. 1, 2, 16 and 21 upon its own motion.

The evidence is not before us. This being true, it follows that certain well-settled rules, influential in determining questions pertaining to the refusal or to the giving of instructions…