Boggs v. United States

Our Code of Criminal Procedure provides, section 5196, 6th Sub. Statutes of 1893, that

* * * "All instructions given shall be in writing, unless waived by both parties, and shall be filed and become a part of the record in the case."

It has heretofore been held by this court in Swaggart v.Territory, 6 Okla. 344, that the giving of oral instructions to the jury in a criminal case, without the consent of the defendant, is error; thereby following the decisions theretofore made by the supreme court of California, whose Code of Criminal Procedure has been adopted here.

The statement of what occurred…