Spinoza

Appellants herein were accused by information of violations of the State Narcotic Act. A demurrer to the original information was interposed and sustained, and ten days allowed in which to file an amended pleading. The date of this order was February 23, 1933. The time allowed to amend expired March 6, 1933. No extension of time was sought, or ordered by the court. On March 7th an amended information was presented and filed, containing four counts, each one of which charged violations of the State Narcotic Act. The amended information was also demurred to and demurrer sustained as to counts three and four. Subsequently the court ordered the second count dismissed. The remaining first count charged defendants with the unlawful sale of narcotics. The jury found both defendants guilty as charged in the first count. This is an appeal from the order of the court denying appellants’ motion for a new trial and from the judgment.

As grounds for reversal, appellants claim that the court erred in disallowing the demurrer to the first count of the information on the ground that the court had no jurisdiction of the offense therein charged. It is further urged that the court erred in denying…