This section contains the nature of the case and procedural background.

D and others were charged with lending money at usurious rates. The indictment alleges that acted in concert and in furtherance of the conspiracy by lending small sums of money ($5-$50) for rates from 240 to 360 percent. per annum. It was also alleged that Ds filed in the county court clerk's office false and fraudulent certificates pretending to set forth the true and real owner of the business and they operated the business as part of a foreign corporation, without having theretofore filed in the office of the Secretary of State' a certificate giving the location of its offices in the state and the name of a process agent. Only D was before the court. D demurred to the indictment. The trial court sustained a demurrer to the indictment and dismissed it. P appealed.

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