Allen v. State

Appellants were charged with an assault and battery upon one Andrew J. Lykens, were tried by a jury and convicted of the offence charged

It is assigned as error that the circuit court erred in over*217ruling the appellants’ motion to quash the information. There was no such motion made, and consequently there is no foundation upon which to assign any such error as that under mention.

There are numerous errors assigned, but all except that above noticed are included in the assignment based upoñ the ruling denying a new trial. Where rulings constitute proper grounds for a new trial they can not be…