State v. Webb

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case involves two propositions: first, that the section of the statute under which the appellant was charged, tried, convicted and sentenced had been repealed by implication by a subsequent enactment which leaves the trial court without jurisdiction and makes the judgment and sentence void; and, second, that there was a complete failure of evidence to prove one of the essential elements of the crime charged.

The defendant with others was charged with having conveyed into the state penitentiary two disguised instruments,…