Hodges v. State

Townsend, Judge.

Evidence as to' the 1952 lottery episodes, had it been offered on the trial of the defendant on the remaining counts of the indictment with counts 1, 2 and 3 stricken on demurrer (as they should have been but were not) would have constituted reversible error as to the whole ease. Bacon v. State, *298209 Ga. 261 (71 S. E. 2d 615). The demurrers to the first three counts having been erroneously overruled, these counts, although treated during the trial as subsisting, were in fact a nullity and gave no rights to the State which it would not otherwise have had. Accordingly,…