Roberts v. State

On the 20th day of November, 1907, a complaint was filed in the county court of Kearney county charging plaintiff in error with profane swearing. On the next day he was put on trial. Pending’ the trial the county attorney dismissed the prosecution, and on the same day filed an amended or new complaint charging the same *653acts, but alleging that the accused was “over the age of fourteen years.” The change in the complaint was rendered necessary owing to the language of the statute (criminal code, sec. 242) limiting its application to persons over that age. It was apparent that the complaint…