State v. Smith

1. Warrant giving reasonable notice of character of offense sufficient. Philetus H. Smith was convicted of wounding Adelbert J. Alsop under such circumstances as would have constituted manslaughter in the fourth degree if death had ensued. In his appeal he alleges several errors, one of which is that the charge in the information was not the same as the one stated in the warrant upon which he was arrested, and that, therefore, he has not had a proper preliminary examination. There is nothing substantial in this claim. In each it is alleged that Smith unlawfully and feloniously and with malice…