State v. Cole

The opinion of the court was delivered by

Smith, J.:

The appellant and his brother, Arthur Cole, were arrested upon a complaint, sworn to before *820one F. M. Hawley, a j ustice of the peace of the county, on October 23,1913, and upon a warrant issued thereon by such justice on the same day they were taken before him for trial. At the instance of the state the case was continued for hearing until October 31, 1913, and the defendants were required to and did enter into a recognizance for their appearance at that time. There is uncontradicted evidence in the case that a witness saw the words, “in the…