Seifert

The defendant was charged in the information with the crime of unlawfully and feloniously drawing and delivering to one Louie Joe a certain draft or cheek for the payment of money, to wit, $103, said check being drawn upon the bank of E. Cooke Smith, with intent to defraud said Louie Joe and others named in the information, without having funds or credit with the said bank with which to meet said draft, contrary to the statute in such case made and provided. The jury returned a verdict finding defendant guilty as charged, and he prosecutes this appeal from the judgment and order denying his motion for a new trial, and also from an order denying his motion in arrest of judgment.

The first point urged in his brief is that the court erred in denying his motion to set aside the information. We are told in the brief that the court should have set aside the information for the reason that it does not describe the same identical offense as that set forth in the order of commitment made by the committing magistrate. It is said that the courts have universally held that the district attorney has no power to charge the defendant in the information with any other or different crime than the…