Guess v. State

McMurray, Presiding Judge.

By accusation defendant was charged with the offense of a misdemeanor in that she “did then and there unlawfully, and with force and arms, offer and consent to perform an act of sexual intercourse . . . for money.”

The accusation was based upon an affidavit of a prosecutrix that defendant did on a named date commit a misdemeanor. Demurrers were filed thereto. The case was then tried and the defendant was convicted and sentenced to serve 90 days in the county jail. Defendant appeals. Held:

When the demurrers were argued, immediately before the case was called for trial…