State v. Caldwell

MISER, C.

Appellant was charged with the crime of assault with intent to commit robbery. The information filed set out that she did aid, assist, and abet one Nelson, one' Martinson, and one Ryan in making such an assault. Her demurrer thereto having been properly overruled, she made a motion for continuance. This was based on the affidavit of Albert M. Freeman, Esq., who was a member of the state Legislature then in session. Section 2498, Rev. Code 1919, on which appellant relied for continuance, provides that whenever any action, in which any member of the Legislature is the attorney in…