State v. Tucker

The opinion of the court was delivered by

Dawson, J.:

The defendant was convicted of robbery in the first degree, and appeals.

He first assigns error in overruling his plea in abatement which *204was based on an alleged variance between the complaint and warrant and the information, and because he had been given no preliminary .examination on the charge contained in the information.

The complaint and warrant charged that defendant with willful assault on the person of J. A. Hoel took from him against his will, and by violence to his person, certain coins and bills, lawful money, with felonious intent…