State v. Knowles

Rothrock, Ch. J.

1.CRIMINAL law: sion. After the filing of an opinion in this case a petition for rehearing was presented, upon which the cause was again submitted for our consideration.

It is stated, in the fourth point of the opinion, that a cer*599tain instruction which is complained of by the defendant, although appearing in the record, does not appear to have been given or refused. It now appears from an inspection of the original instruction that it was given to the jury. This is not now disputed by the Attorney General, and by consent the original record has been produced for our inspection.…