State v. Perry

.Lively, Judge:

The indictment charges that defendant, Walter Perry, forged and uttered a check. Upon a verdict of guilty “as charged in the within indictment,” he was sentenced to serve seven years in the penitentiary. This writ followed.

The first error assigned is that the court erred in overruling the motion of the defendant to quash the indictment because it attempts to charge defendant with two separate and distinct felonies, of which, upon proper proceeding and proof, the jury could have found him guilty or not guilty of either or both charges, under Code 1923, Chap. 146, See. 5. Counsel…