State v. Tingler

Brannon, Judge:

Writ of error to a judgment of the Circuit Court of Ritchie county sentencing Tingler to confinement in the penitentiary for two years. A preliminary question arises upon a motion by defendant to dismiss a writ of certiorari awarded in this *547cause. The transcript of the record accompanying the petition for the writ of error states, that the grand-jury presented “an indictment against Thomas Tingler for a misdemeanor. A true bill.” The Attorney-General suggested a diminution of the record, and this Court awarded a writ of certiomri to the clerk of the Circuit Court of Ritchie,…