In re Stilts

The opinion of the court was delivered by

Porter, J.:

The petitioner was charged with a felonious assault in striking one Jacob Burger in the pit of the stomach with a deadly weapon, commonly known as a beer bottle, with intent to maim, wound and kill. On his preliminary examination he was held under bond to answer to the district court.

It is claimed that th,e evidence of the preliminary examination shows that no offense was committed. The facts leading u£ to the charge upon which the petitioner was held are as follow: During the evening of August 4, 1906, the petitioner had an altercation with…