State v. Cole

Niblack, C.- J.

— In this case the only question presented is the sufficiency of an affidavit, and an information based upon it, assuming to charge the offence of malicious trespass, under section 1955 of the revised code of 1881.

Omitting the formal conclusion, the signature and the jurat, the affidavit was as follows:

“ The State op Indiana, Switzerland County, ss :

“William P. Riley swears that James R. Cole, late of the county and State aforesaid, on or about the 8th day of December, A. D. 1882, did then and there, at and in said county, unlawfully and maliciously injure 21 bushels of wheat,…