Day v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Pontotoc county of manslaughter in the first degree, and his punishment fixed at four years in the state penitentiary.

The homicide occurred in September, 1926. A preliminary examination was held. The magistrate made a finding of probable cause of manslaughter, and transmitted his order of commitment and the record of the proceedings to the district court in the latter part of September. Defendant was admitted to bail. The informa1 tion based on said preliminary was not filed until Octo ber 17, 1927,…