McGaugh v State

McGaugh v State
1915 OK CR 207
152 P. 140
12 Okl.Cr. 96
Case Number: No. A-2296
Decided: 10/30/1915
Oklahoma Court of Criminal Appeals

INFORMATION Defects Objection Waiver.

Appeal from District Court, Marshall County; Jesse M. Hatchett, Judge.

Ed McGaugh, convicted of assault with intent to do bodily harm, appeals. Affirmed.

George E. Rider and E.H. Hurt, for plaintiff in error.

Chas. West, Atty. Gen., and C.J. Davenport, Asst. Atty. Gen., for the State.

Page 97

PER CURIAM. The plaintiff in error was convicted of an assault with a dangerous weapon with intent to do bodily harm, and his punishment assessed at a hundred days imprisonment in the county jail. From the judgment rendered on the verdict he appealed by filing in this court on June 18, 1914, a petition in error with a certified transcript of the record.

The contention is made in this court that the information was defective in failing to allege facts sufficient to constitute the offense of assault with intent to do bodily harm. It appears from the record that no demurrer was interposed to the information and no motion in arrest of judgment was filed, and no objection to the sufficiency of the information was made in the motion for a new trial.