Romary v. State

A prosecution by affidavit against the appellants was filed in the city court of Fort Wayne. From a jtidgment of guilty, the defendants appealed to the Allen Circuit Court, where the cause was tried by a jury. From a verdict and judgment of guilty there, this appeal is taken.

Appellants assign errors as follows:

“1st. The court erred in overruling appellants’ motion in arrest of judgment.

“2nd. The court erred in overruling appellants’ motion for new trial.”

The cause assigned for the motion in arrest of judgment is “that the facts stated in the affidavit do not constitute a public offense.” This…