France v. State

Burton, Sp. J.,

delivered the opinion of the court.

The defendant below was indicted in the Criminal Court of Shelby county in five several cases for selling a lottery ticket. He was convicted in four cases, and acquitted in the fifth. The court pronounced sentence upon him, and he has appealed in error to this court.

Various errors in the proceedings below are assigned by him, and insisted upon in an elaborate argument by his counsel, which we will proceed to notice.

1st. It is said in the first place that the court erred in refusing to quash the several indictments because they are defective in…