State v. Morris

SMITH, Justice.

Appellant, by information filed May 4, 1957, charged respondent with the indictable misdemeanor of acting as a real estate salesman without a license on December 1, 1954, in violation of Idaho Code, § 54-2021. The case proceeded to trial upon respondent’s plea of not guilty. Appellant having rested at the conclusion of its evidence, respondent demurred to the evidence, which the trial court treated as a demurrer to the information, as follows:

“That the Court has no jurisdiction to hear this action for the reason that the information shows upon its face that it was not filed…