State v. Thomas

An information was filed October 20, 1966, charging the appellant with second-degree assault, committed with the intent thereby to enable and assist himself to commit a felony. He was arraigned thereon on January 11, 1967, and pleaded not guilty.

A demurrer to the information was filed February 27, 1967, the day on which the case was called for trial. The appellant’s counsel moved the court for permission to postpone argument on this demurrer until after the selection of the jury. After the selection of the jury, he argued the demurrer, contending that the information, which was couched in the…