State v. Hickerson

The opinion of the court was delivered by

Jackson, J.:

The appellant was charged in the magistrate court of Johnson county with molesting a minor child. After a trial and conviction appellant appealed to the district court. After the case reached the district court, the state filed a new information changing the alleged date of the crime. Thereupon, appellant filed a plea of former jeopardy and a plea in abatement. At a hearing before the district court, the court sustained a demurrer to the plea of former jeopardy and also entered an order overruling the plea in abatement.

Appellant has…