Walters v. State

BRICKÉN, P. J.

The demurrers io the indictment were without merit, and were properly overruled. The second count of the indictment charges a felony, and does not charge a misdemeanor, as contended by appellant. Acts 1919, p. 1086. Under the laws of this state a public offdnse which may be punished by death or by imprisonment in the penitentiary is defined to be a felony. All other public offenses are called misdemeanors. Code 1907, § 6756.

The second count of the indictment against this defendant charged the violation of the act approved September 30, 1919 (Acts 1919, p. 1086), said count being…