People v. Casserio

Defendant, under an indictment charging assault with a deadly weapon with intent to murder, was convicted by a jury of assault with a deadly weapon. Motions for a new trial and in arrest of judgment were denied, and the defendant sent to the county jail.

Prom the judgment of conviction and from the orders denying the two motions, this appeal is taken. Several points are urged for reversal, the first being that the court erred in denying defendant’s motion to withdraw his plea and to file a demurrer to the complaint.

The indictment was filed March 19, 1936. When arraigned on March 27th, the…