Kirts v. State

On Petition for Rehearing. asserts that we failed to consider his tendered in struction No. 13. Had appellant desired to question the action of the court in refusing to give

Myers, C. J.

On petition for a rehearing, appellant this instruction, he should have included it in his motion for a new trial. Not having done so, his mention of it in his points and authorities presents no question.

The other two points of his petition together indicate a purpose to challenge our ruling pertaining to instruction No. 1 given by the court upon its own motion. Our. conclusion then and now is that the…