Allstodt v. State

Indiana Supreme Court

Allstodt v. State

49 Ind. 233

Indiana Supreme Court·Decided November 15, 1874·Published·Cited by 3 cases

Opinion

Bttskiek, C. J.

The appellant was prosecuted and convicted in the court below for malicious trespass. The prosecution proceeded solely upon an affidavit. There was no information filed. It has been held, that, in the absence of an indictment, there can be no prosecution commenced in the [234] circuit court without an affidavit and information. Byrne v. The State, 47 Ind. 120; Moniger v. The State, 48 Ind. 383.

The judgment is reversed, with costs; and the cause is remanded, with directions to the court below to quash the affidavit.

Free access — add to your briefcase to read the full text and ask questions with AI

Bttskiek, C. J.

The appellant was prosecuted and convicted in the court below for malicious trespass. The prosecution proceeded solely upon an affidavit. There was no information filed. It has been held, that, in the absence of an indictment, there can be no prosecution commenced in the [234] circuit court without an affidavit and information. Byrne v. The State, 47 Ind. 120; Moniger v. The State, 48 Ind. 383.

The judgment is reversed, with costs; and the cause is remanded, with directions to the court below to quash the affidavit.

Allstodt v. State, 49 Ind. 233 (Ind. 1874).

Pincite

49 Ind. 233 (Allstodt v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related