State v. . Smith

The record contains seven assignments of error, only one of which is discussed in the prisoner’s brief. The fifth, sixth, and seventh are formal, and the first and third, which embody exceptions to the court’s refusal to quash the indictment and to dismiss the action, are clearly without merit.

The second assignment consists of the prisoner’s exception to the denial of his motion to- require an election between the two counts in the bill. The ruling was correct. The motion was made before any evidence had been introduced, and at this stage the judge was not required to restrict the trial to…