Nickell v. State

The plaintiff in error was convicted in the county court of Dewey county, on a charge of assault and battery, and sentenced to pay a fine of $75, and to serve a term of 30 days in the county jail. He appeals, assigning various grounds of error, but the only assignment argued in the brief is that the court did not allow two days after the verdict before passing sentence, as provided by sections 2759 and 2760, Comp. St. 1921. This provision of the statute, which requires the court to appoint a time for passing sentence which shall be at least two days after the verdict, if the court intends to…