State v. Brewer

BIEGELMEIER, Judge.

Defendant appeals from a sentence founded on a jury verdict of guilty of obtaining money by false pretenses on a check dated June 3, 1970. Appointed counsel, who appeared for defendant at the trial, has presented three assignments of error and listed and presented seven as advanced by defendant. Defendant excepted to the emphasized part of the following instruction given by the court:

"By reasonable doubt of guilt is meant doubt of guilt reasonably arising from all the evidence, facts and circumstances or lack of evidence in the case. It is not mere possibility of doubt. It…