State v. Berenger

GARFIELD, Chief Justice.

Defendant was charged by county attorney’s information, tried before court and jury and convicted of breaking and entering a garage with intent to commit a public offense, contrary to section 708.8 Code 1966. Upon his appeal we affirm the judgment of conviction.

Three alleged errors are relied upon: First, overruling defendant’s motion to dismiss and set aside the information as failing to define the crime charged sufficiently to allow him to frame a defense. Second, overruling defendant’s motion for continuance because of surprise in learning, just prior to the trial,…