State v. Geary

' Doster, C. J.

The defendant was charged by information with the crime of robbery. Upon the trial in the court below he filed a plea in abatement alleging that he had not been accorded a preliminary *503hearing. In support of his plea, he introduced in evidence the transcript of the justice of the peace before whom he had been brought and who had certified his case to the trial court. This transcript showed that, on October 13, 1896, a complaint was filed charging defendant with the crime of assault with intent to commit robbery, and not with robbery itself ; that a warrant of arrest, reciting…