Champion v. People

Plaintiff in error, to whom we hereinafter refer as defendant, was named defendant in an information filed July 7, 1949, in the district court of Gilpin county, Colorado. The information contained two counts. Omitting formal parts thereof, it was charged in the first count that on July 4, 1949, defendant "did unlawfully, wilfully, and feloniously make an assault in and upon one Edgar Heselbarth, Jr., with intent to disfigure and disable a member of the body of Edgar Heselbarth, Jr., to-wit: an eye of Edgar Heselbarth, Jr. * * * ." In the second count it was charged, in substance, that at the same time and place defendant committed an assault and battery upon the said Edgar Heselbarth, Jr.