State v. Bitman

The information upon which the defendant was arrested, tried and convicted, charges him with cruelly and inhumanly whipping and beating his own child, being about three years old.

A demurrer to this information was filed in the justice’s court presenting several objections to its sufficiency, only two of which we deem it important to consider: first, because it did not charge the public offense of assault and battery, second, because the name of the person upon whom the offense was said to have been committed, was not given. .

This demurrer was overruled by the justice, and the bill of…