Fain v. State

This is a companion case to Nobles v. State, ante p. 472, decided on this date. The indictment is identical to that in the Nobles case; therefore need not be here set out. Upon trial to a jury, appellant was convicted as charged in the indictment, and was sentenced to three years in the State penitentiary, and this appeal is prosecuted to reverse this judgment'of conviction.

Appellant’s first contention that the indictment is not sufficient in law has been decided against his contention in the case of Nobles v. State, decided on this date, and need not be further considered.

The contention that…