Ainlay v. State

Defendant was convicted in tbe district court for Gosper county of tbe crime of gambling, and sentenced to pay a fine of $150 and costs of prosecution, from wbicb be prosecutes error to this court.

Tbe giving of instruction No. 7 is assigned as error upon tbe ground that “there is absolutely no evidence to justify, or even excuse, submitting sucli an issue,” By *722this instruction, the jury were told: “If you find from the evidence in this case that the defendant has endeavored to prevail upon any witness to abscond, or has procured his absence, or has endeavored to induce him to testify falsely,…