Spencer v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Lincoln county of the crime of assault with a dangerous weapon, and his punishment fixed by the jury at imprisonment in the state penitentiary for a year and a day.

The Attorney General filed a motion on behalf of the state to strike the case-made and to consider the ease only as upon the transcript, for the reason that the case-made was not served on the county attorney within the time allowed by the trial judge for its service. This motion was sustained by the court. This court has held that in cases of…