Sherrill v. State

The plaintiffs in error, hereinafter called the defendants, were by information charged in the first count with rape in the first degree, and in the second count with rape in the second degree; were tried, and the jury returned a verdict of guilty, and fixed the punishment of each of the defendants at one year in the reformatory at Granite. Motion for new trial was filed, considered, and overruled, and the case is on appeal to this court.

The defendants demurred to the information on the ground, first, that the first count of said information fails to allege facts sufficient to charge said'…