Waggoner v. State

Mrs. C. K!. Waggoner and J. R. Waggoner were jointly indicted as public officers of Leake County for an attempt to defraud the county by the issuance of a certain pay certificate addressed to the clerk of the board of supervisors. J. R. Waggoner was separately tried and convicted and sentenced to serve a term in the penitentiary, and appeals here.

It is unnecessary for us to state the facts of the case as we have to consider only one assignment of error, to-wit: that there was a total failure of proof as to the certain allegations of the indictment with reference to the official capacity of…