Beam v. State

(after stating the facts as1 above). It is first contended that the trial court erred in not sustaining the motion to quash the information, and the demurrer thereto.

Under these assignments of error it is argued that the trial court never obtained jurisdiction of the subject-matter of the offense, because the charge contained in the preliminary complaint is materially different from that contained in the information filed in the superior court.

The charging part of the complaint is as follows:

“ * * * Did unlawfully, willfully and feloniously, and without authority of law and with a…