State v. Barnhardt

The defendant does not bring forward and discuss his exceptions to the refusal of the court below to sustain his demurrers to the evidence. In this he was well advised, for the evidence was amply sufficient to require its submission to the jury.

All the exceptions relied on relate to alleged error in the charge. Those which bear directly on the second count are not before us for consideration for the reason the defendant, by consenting to the suspension of the sentence on that count, waived and abandoned his right to appeal on the principal issue of his guilt or innocence of the crime therein…