State v. Madden

The opinion of the court was delivered by

Dawson, J.;

Defendant was convicted before a justice of the peace; of having unlawful possession of intoxicating liquors. He appealed to the district court, and when the cause came on for hearing, after a jury had been impaneled and sworn, his counsel filed a motion for his discharge and to dismiss the case for the reason that the certified complaint on which he had been convicted before the justice had not been filed in the district court as the statute directs. (R. S. 63-401.) The state asked leave to amend by allowing the complaint to be certified…