Mumbrauer v State

Mumbrauer v State
1910 OK CR 30
106 P. 559
3 Okl.Cr. 429
Case Number: No. A-70
Decided: 01/25/1910
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

INSTRUCTIONS Reasonable Doubt Burden of Proof.

Error from Creek County Court; Josiah G. Davis, Judge.

The plaintiff in error, Al. Mumbrauer, was tried in the county court of Creek county in September, 1908, charged with selling intoxicating liquor. He was convicted and sentenced to imprisonment in the county jail of Creek county for thirty days and to pay a fine of $100 and costs. The case is before us on appeal. Confession of error filed, and case reversed.

Barnum & McGraw, for plaintiff in error.

Fred S. Caldwell, Counsel to the Governor, for the State.

Page 430

OWEN, JUDGE. The counsel for the Governor, representing the state in this case, has filed his written confession of error, confessing that the lower court erred in instructing the jury as follows:

"If you believe from the evidence that the defendant did not, on or about the day and in the county and state aforesaid, deliver to the said J.W. Dobson any intoxicating liquor, or receive in exchange therefor any money, or if there is a reasonable doubt in your mind as to the guilt of the defendant, then it is your duty under the law to render a verdict of not guilty."

Under the rule announced by this court in the case of Weber v. State, 2 Okla. Cr. 329, 101 P. 355, and the authorities cited there, the confession of error must be sustained.

The case is reversed, with directions to grant the defendant's motion for a new trial.