State v. Cannon

The defendants were indicted for promoting gambling in the second degree. ① Prior to the trial they demurred to the indictments on the ground the indictments faded to state facts sufficient to state a crime. ② The court did not rule on the demurrers at that time. A jury trial was held, and verdicts of guilty were returned. At a later hearing, following further arguments on the demurrers, the court entered judgments in which it sustained the demurrers, set aside the convictions, dismissed the indictments and denied leave to resubmit the cases to the grand jury. The state appeals.

Defendants…