Cruse v. State

BRICKEN, Presiding Judge.

Appellants first insist that the court erred in overruling their demurrer to the affidavit upon which they were tried. Upon investigation we find certain demurrers set out in the transcript, but it is not shown by the judgment, or elsewhere in the record, that the demurrer was brought to the attention of •the court, or that the court made any ruling thereon, hence said demurrer will be treated as having been waived or abandoned and •cannot be reviewed on appeal.

The appellants were jointly charged, and jointly tried, upon an affidavit of one Will Strong, for the…