City of Cincinnati v. Epperson

Two questions of law presented by appellant in this appeal command our attention.

In respect to the first question of law, appellant contends that the trial court had “a mandatory duty to give instructions to the jury with respect to defendant’s theory of defense * * * and its failure to give such instructions when requested by the defendant * * * constitutes prejudicial error.”

Two of the instructions requested read as follows:

*61(1) “There is nothing in the laws of the city of Cincinnati which forbids or prohibits a person from delivering packages for compensation as long as he possesses an…