State v. Porter

MR. JUSTICE ANGSTMAN:

This is an appeal by defendant from a judgment convicting him of the crime of gambling. The charge is a misdemeanor based upon R.C.M. 1947, section 92-2401. When the- ease came on for trial defendant made a motion to withdraw his plea of not guilty so that he might raise the question of a bar to the proceedings. This motion was denied. Defendant raised the same question by objecting to the introduction of evidence.

Defendant during the trial offered in evidence the information, motion to dismiss, and order of dismissal in Cause No. 2891 as they appear in files of the…