Exline v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Garfield county on a charge of having possession of narcotics, and his punishment fixed at a fine of $500 and imprisonment for a term of two years in the penitentiary. The evidence in the case is undisputed and conclusive as to the guilt of the defendant.

Counsel for defendant assign and argue but one question: That the trial court committed error in giving instruction No. 11, for the reason that the same invades the province of the jury and assumes as proven a material issue in the case. The…