Dyke v. State

SAMFORD, J.

It has several times been held by this court that count 2 as drawn in this indictment is sufficient to sustain a conviction, and not demurrable. Moreover, in this case, even if one of the counts were void, the verdict would be referred to the good count; no proper action having been taken by the defendant to challenge its sufficiency.

Giving to the trial judge that consideration to which his judgments on motions for new trial are entitled,- we cannot say that he erred in refusing the motion for new trial. The judgment is affirmed.

Affirmed.