Wortman

The defendant appeals from a judgment of conviction following a trial wherein the indictment charged the defendant with contributing to the delinquency of a minor, in the following language:

The appeal is from the order of the court denying the defendant’s motion for new trial, from the judgment of conviction following the verdict of the jury, and also from the order of the court overruling the appellant’s demurrer to the indictment just set forth. As no appeal lies from this latter order, it is hereby dismissed. The sufficiency of the indictment, however, may be .raised upon consideration of the appeal from the judgment, and for this case the irregularity of presenting the alleged error of the court in overruling the appellant’s demurrer will be disregarded, and the sufficiency of the indictment considered.

The indictment is based upon the provisions of subdivision XI of section 1, and section 21 of the Juvenile Court Law, volume 2, Leering’s General Laws, page 2075 et seq. Section 21, supra, provides that “Any person who shall commit any act or omit the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 21 years to…