Lindley v. State

Appellant and another were charged by affidavit and convicted in the court below of unlawfully transporting intoxicating liquor in an automobile. Acts 1923 p. 108, ch. 34. In this court, he relies alone on his assigned error of the trial court in overruling his motion for a new trial. In support of this motion, his only insistence is that the court erred in refusing to give to the jury his tendered instruction No. 2, and in giving, on its own motion, instructions Nos. 6 and 17.

The court gave appellant’s tendered instruction No. 1 which, in substance, told the jury that if they found from the…