Reininger v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Dewey county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

Several assignments are set out in the petition in error, only one of which it will he necessary to notice. In instruction No. 4, the court instructed the jury as follows:

“Fourth. The jury are instructed that if they find and believe from the evidence in this case, beyond a reasonable doubt, that the said defendant, on or about December…