State v. Conahan

The opinion of the court was delivered by

Hoyt, J.

Defendant was charged with having bitten oft the ear of one Stapleton, and thereby committing the crime of mayhem. Trial was had, a verdict of guilty rendered, and judgment and sentence imposed; from which this appeal has been prosecuted.

Several errors are relied upon as reasons for reversal, but the principal ones refer to certain instructions given to the *269jury. The instruction upon which the most vigorous attack was made was in the following language :

‘ ‘ If you find from the evidence beyond a reasonable doubt that Conahan did unlawfully and…