State v. Bryan

The opinion of the court was delivered by

Johnston, C. J.:

In an information Ray Bryan and Walter Moseley were charged with an attempt to extort money and property from Charles B. Davies by intimidating him with accusations and threats which constitute robbery in the third degree. Bryan asked for a separate trial, which the court granted. The information contained two counts, but the first was dismissed on the motion of the state, and on motion of defendant the second was quashed upon the ground of duplicity. The state appeals.

The following is the charge held to be multifarious:

“That at and in…