Weatherly v. State

BRICKEN, Presiding Judge.

Under facts, as disclosed by the evidence adduced upon the trial of this case in the court below, the first count was improper and should have been incorporated in the indictment. The trial court so held, and gave the affirmative charge as to said count.

The foregoing action of the court left one count remaining in the indictment. Count 2 as therein designated. The trial was had upon said count, which reads as follows: “The grand jury of said county further charge that, before the finding of this indictment, E. N. Byrd and Hugh Weatherly, whose names are to the grand…