State v. Stephens

Appellee was charged by affidavit under Acts 1935, ch. 63, §3, p. 159, being §10-4736, Burns’ 1956 Replacement, with carrying a pistol in a vehicle without a license therefor. A motion to quash the affidavit was sustained, and the trial court being of the opinion that the objection to the affidavit could not be “avoided by a new affidavit” discharged and released the defendant-appellee herein.

Appellee has filed no brief.

*587*586We concur with appellant that the affidavit substantially follows the words of the statute and is, therefore, *587sufficient as against a motion to quash on the ground that…