State v. Parkhurst

The opinion of the court was delivered by

Smith, J.:

The appellant was tried, convicted and sentenced for the crime of robbery in the district court of Riley county, and appeals therefrom to this court. Our attention is first called to the information, and it is urged that it is bad for duplicity, in that it charges two felonies in one count — one of an assault with a deadly weapon with intent to commit robbery, under section 38 of the crimes and punishments act (Gen. Stat. 1901, § 2023), the other of robbery in the first degree, under section 73 of that act. (Gen. Stat. 1901, § 2064.) The…