State v. Smith

delivered the.opinion of the Court.

*609The trial judge sustained a demurrer to the presentment charging the defendants with the crime of conspiracy and the state has appealed to this Court. The trial judge sustained the demurrer on the ground that the first count of the presentment was multifarious. It seems to have been the opinion of the trial court that this count charged six separate and distinct crimes, each of which should have been the subject of a separate indictment.

We are of the opinion that the one offense charged in the one unlawful agreement was to do a number of unlawful acts. The…