Jackson v. State
This text of 48 Ind. 251 (Jackson 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.
Opinion
State prosecution commenced in the circuit court, by affidavit without an information, for obstructing a highway. Motion to quash the affidavit overruled, exception. Trial and conviction. Motion for a new trial overruled, and* exception. Appeal.
In the case of Byrne v. The State, 47 Ind. 120, it was held that a prosecution for a misdemeanor, commenced in the circuit court by affidavit without an information, could not be sustained. According to that decision, this case is erroneous.
The judgment is reversed, cause remanded, with instructions 4o sustain the motion to quash the affidavit.
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Cite This Page — Counsel Stack
48 Ind. 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-ind-1874.