Dunaway v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Dewey county of selling whisky, and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

The sufficiency of the evidence is not questioned. The only contention is that the court erred in his instructions to the jury. On this point the case-made sets out the instruction No. 2. Following this is an exception. Then follows a motion to amend case-made alleging that in struction 2 as it appears in the case-made is not correct, but that as read to the jury' it contained the word “not,”…