Lowe v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Blaine county on a charge of pointing a pistol and was sentenced to pay a fine of $50 and to serve 90 days in the county jail.

The evidence is very sharply conflicting, but, if the case were free from error, there is sufficient to sustain the judgment. An examination of the record discloses, however, that the court in his instructions did not require that the facts be believed beyond a reasonable doubt, but, in addition, placed the burden of proof on defendant. In instruction No. 6 the court charged:

“You…