Holmes, Judge,
delivered the opinion of the court.
This was an indictment under the 39th section of the “Act concerning crimes and punishments.” On motion of the defendant, the indictment was quashed. The indictment charges all the facts necessary to constitute the offence, under said section. (Conrad v. State, 11 Mo. 579; Jennings v. State, 9 Mo. 862.) The motion should have been overruled.
Judgment reversed, and the case remanded.
Judge Wagner concurs ; Judge Lovelace absent.