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 Pac. 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. ■■ ■ '