The  motion  for  a  new  trial  was  on  the  following  grounds :

lst«  Beeanse  &e  court  erred  in  overruling  defendant's  xQ/oAoa
to  qnaah  the  indictment


1688  BiLET  V.  Statk  [43  Mia

2d.  Becaufle  the  oonrt  erred  in  ifefosing  inBtraction  nnmber
three,  asked  for  by  defendant.
3d.  Because  the  court  erred  in  granting  instmctionB  asked  by
the  state.
4th.  Because  the  verdict  is  contrary  to  law  and  evidence.
