Knight v. State

HAWKINS, Judge.

Conviction is for aggravated assault, punishment being a fine of $100.

The averments in the information upon which the state sought a conviction for aggravated assault were that appellant was a person of robust health and strength, and that the party assaulted was an “áged and decrepit person”. No attack was made upon the state’s pleading in limine. However, after conviction appellant presented a motion in arrest of judgment, urging that the information was defective in that the term “aged” is so indefinite as to render the statute inoperative.

By the provisions of subdivision 4,…