State v. Berry

Potter, Justice.

This case is here upon reserved constitutional questions involving the validity of a statute under which the defendant, George Berry, stands charged with the commission of a felony, upon an information filed by the prosecuting attorney in the district court of Fremont County. Bte demurred to the information on certain stated grounds: 1. That the facts stated do not constitute an offense punishable by the laws of this state. 2. That the section and chapter of the statute (Ch. 55, L. 1921 and See. 3112, Comp. Stat. 1920 thereby amended) are unconstitutional. 3. That the…