The alleged error upon which the defendant relies for a reversal of the judgment is a certain instruction excepted to and set out in the bill of exceptions. This instruction is a transcript of an instruction approved in State v. Newton, 44 Iowa, 45, where the defendant was indicted and convicted of a like offense. Upon the facts as presented by this record, we think the instruction was applicable, and did not invade the province of the jury. Judgment affirmed. Affirmed.