Smith v. State

—The appellant, a practicing physician, was charged in two separate affidavits with selling morphine to a young woman therein named. The cases were consolidated for trial, there was a trial, and a verdict of guilty in both cases. In one case the punishment was fixed at a fine of $100, and in the other a fine of $1.00, and there was judgment accordingly.

Error is assigned upon the overruling of appellant’s motions for a new trial.

Appellant contends that the giving of the following instruction was error:

“I instruct you that the term ‘good faith’ as used in the act, means an honest intention on…