Cooke v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Custer county of assault with a dangerous weapon, and his punishment fixed by the jury at a fine of $100 and imprisonment in the county jail for a period of 30 days.

It is first contended that the information is duplicitous. It is apparent from a reading of the information that the pleader was attempting to charge one assault with two different weapons. The information was not duplicitous, although poorly drawn.

The court sustained defendant’s objection to the introduction of any evidence, holding the…