State v. Spurlock

NIX, Presiding Judge.

This is an appeal by the State upon a question of law from the decision of the trial judge in sustaining a Demurrer to the information.

McMurray Spurlock was charged by information in the District Court of Custer County with the crime of Assault and Battery with a Dangerous Weapon. Defense Counsel filed a demurrer to the information which was sustained by the trial judge.

The State served notice of appeal and lodged said appeal in this Court in the time prescribed by law. The State contends that the information was sufficient to withstand a demurrer and asks for a…