McCleskey v. State

SAMFORD, Judge.

The indictment was in two counts. The first count charges an offense under act of the Legislature, Gen.Acts 1931, p. 806: “To Suppress The Evils Of Gambling Devices.” The second count charges an offense under section 4248 of the Code of 1923.

The fine imposed by the verdict of the jury being in excess of the penalty fixed for a violation of section 4248, supra, therefore must be referred to the first count.

The second count of the indictment being eliminated by the verdict of the jury, it becomes unnecessary for us to discuss its validity as affecting this appeal. But we may…