State v. Trueblood

Dissenting Opinion.

Wiley, J.

—I concur with my associates in holding that the second count of the indictment is bad, but am not in accord either with the reasoning or the conclusion reached in the prevailing opinion holding that the court correctly sustained the motion to quash as to the first count.

In determining the sufficiency of the first count there are two sections of the statute which may properly be considered, viz., '§§7853, 6548 Burns 1894. The former section is quoted in the prevailing opinion, and need not here be repeated. The latter section is as follows: “It shall be unlawful…