State v. Howard

The County Attorney of Page County filed an information, charging Theo Howard with the crime of bootlegging. The defendant entered a plea of not guilty. A jury was drawn, evidence was submitted, and the jury returned a verdict of guilty. The defendant being dissatisfied, has appealed to this court.

The error upon which appellant relies for reversal is that the information charged the crime was committed on 'the night of July 10, 1936, and that the court gave to the jury the following instruction, which is part of instruction No. 5 :

“In order for you to convict the defendant of the offense…