State v. Foster

By the WHOLE COURT.

LAND, J.

The relator, Ben Foster, was tried by jury for the crime of attempting to conjmit arson on February 26, 1924, and was acquitted.

On the trial of the case, the state proved that, a short time before the attempted arson, defendant had assaulted and beaten Abb Perkins, the' owner of the dwelling house, with a stick. After the acquittal of relator, the district attorney on May 12, 1924, filed an information charging that relator—

“on or about the 26th day of February, 1924, did unlawfully make an assault in and upon Abb Perkins, and him, the said Abb Perkins, did then and…