Oats v. State

Jordan, C.

— Appellant, was tried and convicted in the lower court, upon affidavit and information, of an assault and battery with the intent to murder one Israel Kaylor; and, over his motion for a new trial, he was sentenced to be imprisoned in the state prison. The first contention of his counsel is that the court erred in overruling his motion to quash the affidavit and information, for the reason, as contended, that when this latter pleading was filed by the State there was no affidavit on file with the clerk upon which to base the information.

It is disclosed by the record that appellant'…