Allstodt v. State

Indiana Supreme Court

Allstodt v. State

49 Ind. 233

CourtIndiana Supreme Court

DecidedNovember 15, 1874

StatusPublished

Cited by3 cases

This text of 49 Ind. 233 (Allstodt v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*234circuit 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]*234circuit 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.

Cite This Page — Counsel Stack

Bluebook (online)

49 Ind. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstodt-v-state-ind-1874.

Opinion

Related

Cite This Page — Counsel Stack