Hornberger v. State

Information against Hornberger for retailing, &c. Trial by the Court, fine 10 dollars, and judgment accordingly.

Hornberger appeals; but on what grounds does not very clearly appear.

There was no exception taken to any ruling of the Court in the progress of the trial. 2 R. S. 377.

No motion was made for a new trial nor in arrest of judgment. 2 R. S. 380.

There is none of the evidence in the record; nor does it appear that he even interposed a motion to quash the information. 2 R. S. 368.

At the common law there were some defects which might be taken advantage of, either by motion to quash, or by…