Cohen v. State

Gardner, Presiding Judge.

1. We will first discuss and pass on the ruling of the trial judge on the demurrers and the motion to quash the indictment. This indictment was drawn under Code § 26-7410. Counsel for the defendant contends that the defendant should have been indicted under Code (Ann.) § 97-112 instead of Code § 26-7410. Under Code (Ann.) § 97-113 which is part of Title 97 regarding securities it is not essential that criminal proceedings be instituted, but that section gives the Commissioner the right to issue an order to prohibit salesmen from continuing the sale of questionable…