Anthony v. State

RICE, Judge.

Appellant was charged by affidavit, in the Jefferson County Court, of misdemeanors unmistakably with the offense denounced by Code 1923, Sec. 3328.

Upon his conviction, and appeal to the circuit court, he was tried upon a Solicitor’s complaint, likewise, to all appearances, based upon the provisions of this Code, Section 3328.

But said complaint, unchallenged as it was by demurrer, was stated by the learned trial judge in his oral charge to the jury, to embody and set forth the offense denounced by Code 1928, Sec. 1397(51) — not glaringly different — but different — from Code 1923,…