
    25060.
    Davis v. The State.
    Decided December 6, 1935.
    
      J. Paxson Amis, for plaintiff in error.
    
      C. S. Baldwin Jr., solicitor-general, contra.
   MacIntyre, J.

1. The defendant excepted to the overruling of his motion for a new trial. There was no demurrer to the indictment; hence the sufficiency of the indictment is not properly before the court for consideration. The court charged to the jury the part of Code (1933), § 68-304, which was applicable to the pleadings and evidence in this case.

2. The evidence authorized the verdict.

Judgment affirmed.

Broyles, O. J., and Guerry, J., eoneur.  