State v. Hawks

The first complaint made by the defendant in this case is an assault on the sufficiency of the indictment.

This question is first raised in a motion to direct a verdict. It can not receive consideration because it came too late. Section 13791, Code, 1927, provides:

“All objections to the indictment relating to matters of substance and form which might be raised by demurrer shall be deemed waived if not so raised by the defendant before the jury is sworn on the trial of the case.”

Having failed to demur to the indictment, the sufficiency thereof can not be raised in a motion to direct a verdict.…