State v. Toy

MR. COMMISSIONER BORTON

prepared the opinion for the court.

This is an appeal from a judgment of conviction and from an order overruling defendant’s motion for a new trial.

There are twelve specifications of error, eleven in the brief and one presented by stipulation of counsel upon the hearing. These may be grouped for consideration under the following questions: (1) Does the information state a public offense? (2) Did the court err in sustaining state’s objection to a question-propounded by the defendant? (3) Did the court err in refusing to give certain instructions asked for by the…