Bryant

The defendants J. F. Bryant and E. I. Bryant were convicted on six counts of an indictment charging them and Marion R. Bryant with obtaining money by false pretenses, and acquitted on one count. The jury found the defendant Marion R. Bryant not guilty. Since this appeal from the judgments pronounced upon the verdicts and the order denying the motion for a new trial was perfected the appellant E. I. Bryant has died and the appeal by him has been dismissed, leaving as the only appellant J. F. Bryant.

Before reciting the facts in general we shall consider the statement of appellant that defendants should have been discharged because they were never arraigned or given an opportunity to plead. The situation which counsel contends justifies this assertion is as follows: The original indictment was returned by the grand jury September 26, 1927. On November 22, 1927, the district attorney was permitted to file amendments to the indictment. Reading of the same was waived by counsel and the trial of the cause was continued until December 14, 1927. Two1 other continuances carried it over until January 16, 1928. As soon as the jury was sworn to try the cause, or to phrase it differently, as…