State v. Bennett

Upon an information duly filed by the state’s attorney of Sully county, the plaintiff in error, Fred Bennett, and one Freddie Bennett, were accused of the crime of malicious mischief, and the plaintiff in error, whom we shall hereafter denominate the "defendant,” was found guilty and the other defendant was found not guilt}'-. Numerous errors were assigned and discussed by counsel, but, in the view we take of the case, it will only be necessary to consider two of those assigned, viz., that the assistant counsel for the state called the attention of the court in the presence of the jury to the…