State v. Anderson

The first question presented is whether the superior court erred in overruling defendant’s plea of former jeopardy, based upon •the proceedings in the county court.

So far as the record indicates, the misdemeanor charge of assault on a female remains pending in the superior court, on appeal de novo from the county court. “When the effect of an appeal is to transfer the entire record to the appellate court, and to cause the action to be retried in that court as if originally brought therein, as is the case when appeals are taken from a justice’s court upon questions of law and fact, the…