State v. Cole

The appellant was indicted conformably to the provisions of section 791, Revised Statutes, as amended by Act 43 of 1890, but he was prosecuted, convicted, and sentenced for the offense denounced by Act 44 of 1899, a lesser offense than that charged in the indictment, but of the same generic class. From the verdict and sentence he has appealed. '

There is an agreed statement of facts in the record correcting certain errors in the transcript, and two hills of exception were reserved to the trial court’s rulings. One was reserved to the overruling of a motion for a new trial and the other to the…