Buford v. State

I am unable to agree with the majority opinion of the court that section 1762, Code of 1906 (section 2098, Hemingway's Code), is constitutional, and consequently cannot consent to the affirmance of the judgment of conviction because the agreed statement of facts shows that more than one sale was introduced in evidence and that therefore the conviction was had under one count in the indictment for a number of separate offenses.

The indictment in the present case names a specific date upon which the sale was made, and would be a good indictment for one sale on that day; but, the indictment not…