Johns v. State

The plaintiff in error, upon an information charging burglary and grand larceny, was convicted in the district court for Seward county, and this action is prosecuted to review the record of that conviction. The plaintiff in error will be hereinafter referred to as the defendant.

Counsel for the defendant contend that the first count in the information does not charge a criminal offense, for the reason that the letters “ialiciously” appear in the information in place of the word “maliciously.” Section 48 of the criminal code, as amended in 1905, provides: “If any person shall wilfully,…