Johnson v. State

ROBERT M. PARKER, Circuit Judge.

Obstructing a public road: sentence, six months with probation granted.

I

Appellants’ first claim of error rests on alleged failure of the trial court to sustain demurrer to the indictment.

The appellants, with their attorney of record, plead not guilty on arraignment of this charge on November 9, 1971. On December 2, 1971, appellants filed demurrer consisting of one ground stating the indictment failed to positively charge them with an offense for which they can be punished.

No ruling was invoked of the court on the demurrer and appellants proceeded with trial of…