Ward v. State

On Rehearing

CATES, Judge.

The appellant claims that, in boiling his case down to one issue, we have oversimplified. Perhaps subjectively he is right: our view is from the prospect of what should be written — though more is decided. Code 1940, T. 13, § 66.

Accordingly, we list below the appellant’s claims of error done and our reasons to reject them:

1. The statute requires the woman to reside in the county.

This is a matter of proof and not to be raised by. demurrer. The trial judge, much as a Federal district judge,5 makes up the *533issues. § 2, Act No. 295.6 Notice pleading in the originating…