Schwarz v. State

Graves, Judge.

Appellant was indicted by the grand jury for keeping and exhibiting for the purpose of gaming a policy game, and was convicted therefor and his punishment assessed at two years confinement in the penitentiary.

We find no bills of exception in the record, but we do find a motion to quash the indictment because the same is alleged to be duplicitous because it alleges that appellant did keep and exhibit a policy game, thus alleging two separate and distinct offenses in its one and only count.

The general rule relative to duplicity in an indictment seems to be based on the proposition…