Glass

(after stating the facts as above). Section 3894 of the Revised Statutes reads as follows:

And section 213 of the Criminal Code, so far as applicable, is in these words:

It is contended on behalf of the plaintiff in error that counts 2 and 7 of the indictment are based upon section 3894 of the Revised Statutes, and that counts 3 and 4 are based on section 213 of the Criminal Code; that the first-mentioned section defines a misdemeanor and the last a felony; and that a misdemeanor and a felony cannot be included in the *780 same indictment, and therefore the demurrer to the indictment should have been sustained; and further that each count is bad for duplicity in that, as the defendants thereto are charged with “depositing” and “causing to be deposited” the letters and circulars, “two separate crimes are charged”; that it is not charged that the defendants knew the contents of the letters or circulars; that it is not specifically charged that the defendants “knew the letters were concerning a scheme offering prizes,” and, as respects counts 3 and 4, that the scheme alleged is not a scheme “similar to a lottery or gift enterprise offering prizes dependent upon lot or chance,” nor…