Mapes v. People

Mr. Justice Walker and Mr. Justice McAllister,

dissenting: The court below refused to instruct the jury, on behalf-of the accused, that, in order to convict, it was necessary that the accused knew that Rice was in the habit of getting intoxicated, but on the contrary, instructed that such knowledge was not necessary to be shown. This, we think, was error, upon the grounds stated in our dissent in the case of McCutcheon v. The People, post, p. 601.