Churchwell v. State

Hewlett, Justice.

In all cases demurrers, pleas, and answers should be disposed of in the order named. Code, § 81-1002. The first question for decision is whether the trial court erred in overruling the general and special demurrer. The general demurrer challenged the legal sufficiency of the accusation, on the grounds: (1) that under the law at least three acts are necessary to constitute the crime of common barratry, and (2) that no frequent excitation or stirring of suits or quarrels is alleged. Where a statute defines a crime, resort may be had to the common law to get the meaning of the…