State v. Berger

The opinion of 'the court was delivered by

Dawson, J.:

The appellant was convicted of maintaining a ■common nuisance, and appeals.

The original information and the warrant issued thereon recited that the nuisance maintained by the defendant was located in a “one story frame building, situated,” etc. Before trial, an amended information was filed in which the word “concrete” was substituted for the word “frame.”

The defendant complains because the court overruled his motion to quash, sustained a demurrer to his plea in abatement, and overruled his motion to strike out the testimony of the sheriff,…