State v. Smith

The first issue presented on this appeal is whether the complaint is sufficient on both counts. In order to reach this issue we must first determine whether, as the state contends, defendant waived his objections to the sufficiency of the complaint. We think not.

Defendant was arraigned before Judge Farnum at 5:50 p. m. on the day of his arrest. At this proceeding the complaint was read to defendant, and the record notes that defendant had been given a written copy thereof. Defendant then entered an objection “to the form of the complaint and the substance of the complaint,” citing Massen v.…