Dyke v. StateDyke v. State
- Reporters:
- , ,
- Before:
- Samford
*568
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.