McClendon v. State

The plaintiff in error was tried and convicted upon an information for an assault with intent to kill, by shooting one Everett Scott with a shotgun, and in accordance with the verdict of the jury, was sentenced to be imprisoned in the penitentiary for a period of one year and one day. From the judgment he appeals.

Upon arraignment the defendant filed the following motion :

“Comes now the defendant and moves the court to dismiss' the information filed herein for the reason that a certified record of the proceeding, together with all the papers in the case, showing a preliminary examination has…