State v. Petrich

Defendant, having been charged by information with the embezzlement of a sum exceeding $10,000, has appealed from his conviction and sentence. The transcript contains no hill of exception, but defendant’s counsel assigns as errors apparent on the face of the record:

1. The information was filed without leave of the court.

Act No. 156, p. 294, of 1898, amending and re-enacting Rev. St. § 977, reads in part:

“Prosecutions for offenses, not capital, -may be by information, which may be filed, either in open court or in the office of the clerk of the district court having jurisdiction.”

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