Lee v. State

(After stating the foregoing facts.) The indictment apparently represents an effort on the part of the State to charge one misdemeanor in two counts, stating the same offense in two different ways, and it is observed that in such a case • only one punishment could legally be imposed, and that, the jury having found the defendant guilty on both counts, it would not matter so far as conviction or sentence is concerned if one count of the indictment were bad and the other good. This indictment is drawn in two counts, and the fact that such counts are not numbered does not affect the validity…