Ex Parte State

Petition for certiorari to review the holding of the Court of Appeals in the case of Neely v. State, convicted of a violation of the prohibition law.

The Court of Appeals rests a reversal of this cause upon the action of the trial court in overruling the demurrer to the indictment, holding to the view the assignments of demurrer 2 and 5 were well taken. These assignments of demurrer, together with the indictment, will appear in the report of the case. This conclusion of the Court of Appeals rests upon the theory that the indictment contains the alternative averment, and that the disjunctive…