State v. Hines

BUDGrE, J.,

Dissenting. — I find myself unable to concur in the majority opinion.

Instruction No. 9 is not erroneous, and is not, therefore, subject to criticism in that by that instruction the court withdrew from the jury the right to determine whether evidence, to which reference is made in the instruction, tended to show the commission of other acts of a similar nature to the one charged in the information. The instruction does not say that there is evidence tending to show the commission of other acts of a similar nature, but simply states that there is evidence which may tend to show the…