State v. Stokes

The appellee herein was charged by affidavit filed in the Rush Circuit Court with the crime of burglary in the second degree as defined by § 10-701, sub-section (b), Burns’ 1942 Replacement, being Acts of 1941, ch. 148, § 4. The appellee filed a motion to quash this affidavit on the second and fourth grounds provided by § 9-1129, Burns’ 1942 Replacement; Acts 1905, ch. 169, § 194. This motion was sustained and said affidavit was quashed. From this ruling the appellant brings this appeal.

The appellee was charged in .this affidavit with breaking and entering into a building not a dwelling house…