Connelly v. State

SIMPSON, Judge.

The defendant appeals from a conviction of conspiracy to violate Section 4279 of the Code, 1923, which denounces as a crime the carrying on of the business of bookmaking or pool selling.

The defendant first sought discharge at the trial by interposing a plea of’ former acquittal, which plea alleged a previous trial and acquittal in the same court tmder a charge of the actual violation of said Section 4279. Demurrers were properly sustained thereto, it appearing from-the face of said plea that the two offenses, are not the same, nor would the facts necessary to convict on the…