Nebgen v. State

OPINION

By RICHARDS, J.

The evidence was amply sufficient to justify a conviction. Complaint is made that the affidavit charges more than one offense and'more than was established by the evidence. This may be true, but it could result in no prejudice to the defendant, in view of the fact that the amended affidavit was not assailed and that the evidence which was introduced brought the case within the statute.

Complaint is also made of the method of conducting the trial, it being urged that the justice of the peace permitted cheering and prompting of witnesses. The bill of exceptions, however,…