Miller v. State

This matter comes on, upon petition for rehearing, the original opinion having been rendered on the 4th day of May, 1949, Miller v. State, 89 Okla. Cr. 200, 206 P. 2d 245, 246. In that opinion the judgment and sentence of the lower court was affirmed. Therein the late Judge Barefoot said:

“The only serious question raised by the defendant in his assignments of error is that the court erred in giving instruction No. 8.”

The said instruction reads as follows, to wit:

“No. 8: You are instructed that the amount of intoxicating liquor found in the possession of the defendant, if you find any was…