Bush v. State

Ryan, C.

The information in this case was filed in the district court of Fillmore county, and thereby the defendants were charged with having broken and entered, in the night-time, a certain bank building, and with having stolen therefrom a large sum of money. There was a conviction, and thereupon, the defendants were sentenced to serve a term of seven years in the penitentiary. There were in the same pleading a plea in abatement and one in bar, but as the plea in bar was a waiver of the plea in abatement (Criminal Code, sec. 444),. we shall consider merely that in bar, which was in this…