¶1 On Rehearing.
¶2 Former opinion set aside, and judgment reversed and case remanded.
¶3 In the original opinion filed herein, the judgment of the court of common pleas of Oklahoma *322 county was modified from a sentence of $500 and six months in the county jail for each of the defendants, to a fine of $100 and 30 days in the county jail for each defendant.
¶4 A petition for rehearing was filed, and has been granted.
¶5 Upon reconsideration, we have reached the conclusion that this ease should be reversed and remanded for a new trial. The failure of the court to give the requested instruction, which is set out in the original opinion, was error which justifies a retrial of this case.
¶6 For the reason above stated, the judgment of the court of common pleas of Oklahoma county is reversed and the case remanded.