Peck v. State

B. S. Peck, plaintiff in error, was convicted in the county court of Canadian county for 'the crime of conducting a game of poker, was found guilty by a jury, and his punishment assessed at a fine of $125 and imprisonment in. the county jail for a period of 30 days. From this judgment and sentence he appealed by filing in this court on October 29, 1909, a petition in .error with case-made attached.

On September 1, 1910, the Attorney General filed a confession of error, for the reason that the court in his charge to the jury gave the following instruction:

“The defendant having voluntarily…