MOREMEN, Judge.
Appellant, Hubert Stovall, was convicted in the Allen Circuit Court of the offense of carrying a concealed deadly weapon and was sentenced to be confined in the penitentiary for a period of two years.
Since we have concluded that the trial court erred in failing to sustain a demurrer to the indictment, we will confine our discussion to that topic. This is the pertinent part of the indictment:
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