Clinton v. State

Eugene Clinton, the appellant, was convicted of burglary and sentenced to serve a term of seven years in the state penitentiary.

A demurrer was interposed to the indictment, but, apparently, it was not presented to the court, as no order was entered thereon.

It was the duty of the appellant to- call the attention of the court to his demurrer and have same disposed of, otherwise he must be held to have waived the demurrer.

However, in the objections to the evidence, the only point presented here worthy of consideration is in the nature of a contention that there is a variance between the evidence…