State v. May

This is an appeal by the State from an order of the Circuit Court of Lee County, sustaining' defendant’s demurrer to an indictment for embezzlement. The defendant was ordered held under his same bond pending “posr sible action of another Grand Jury.”

The State appealed under authority of subsection (1), Section 1153, Code 1942, which reads as follows: “From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime.; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense. ’ ’

Only a question of law is…