Woodworth v. State

— Appellant was tried and convicted upon *277an affidavit and information, charging him with an assault on one William Cassiday, with intent to commit the crime of larceny. At the proper time the appellant filed a written motion in arrest of judgment, assigning as a cause therefor “that the facts stated in the affidavit and information do not constitute a public offense,” which motion was overruled by the court.

This action of the court is assigned as error.

That part of the information necessary to the decision of the question presented is as follows: “George Woodworth, on the 11th day of June,…