Court of Criminal Appeals of Oklahoma April 10, 1909, No. 845. Ind. T. (Hendrix v. United States)

BAKER, Judge,

(after stating the facts as above). The accused alleges in his assignment of errors:

(1) That the court erred in overruling his motion for a new trial; there not being sufficient evidence in this action to warrant a conviction. >

(2) The court erred in refusing to instruct the jury as follows:

“No. 1.