Rice v. People

Chiee Justice Musser

delivered the- opinion of the court:

The defendant in error was convicted of assault and battery in the district court. The information charged, in four counts, mayhem, an assault, an assault with a deadly weapon with intent to commit bodily injury, and an assault with intent to commit murder on one Shaeffer. The charge of mayhem was withdrawn by the court from the jury and will not be considered in the case. The defendant filed a motion to require the people to elect upon which count of the information they would proceed. This motion was overruled, and the action of the…