Underwood v. State

The accusation in this case- charged the plaintiff in error with a violation of section 748 of the Penal Code of 1910. The accusation was demurred to, and after it was amended the demurrer was overruled, and exceptions pendente lite were filed. When the case was tried a verdict of guilty was rendered, a motion for a new trial was made and overruled, and the accused excepted.

*258The demurrer contained several grounds. One of these alleges that “ the affidavit attached to the accusation does not charge any oflense or crime under the laws of this State;” another that “ said accusation is not founded…