Montana Supreme Court February 15, 1907, No. 2,358 (State v. Schaefer)

MR.' JUSTICE SMITH

delivered the opinion of the court.

The defendant in this case was convicted of the crime of assault in the first degree, his prosecution being based upon an information which reads, in part, as follows: “The said Joseph Schaefer on or about the ninth day of January, 1906, * * * at the county of Deer Lodge and state of Montana, did then and there willfully, unlawfully and