State v. Durbin

The opinion of the court was delivered by

Fullerton, C. J.

On August 9, 1901, the prosecuting attorney of Lincoln county filed an information against the appellant, charging him with assault and battery committed on the person of one Thomas Atnery. A warrant was issued thereon, and the appellant arrested, and placed under bonds to answer the charge at the next jury term of the superior court. On October 2, 1901, the prosecuting attorney filed another information against the appellant, reciting the same acts 'on which the charge of assault and battery was founded, and charging him with the crime…