State v. Herring

The appellee was indicted in the Miami Circuit Court for maintaining a public nuisance. The venue was changed to the Cass Circuit Court, where a motion was made to quash each count of the indictment. The motion was overruled as to the first, and sustained as to the second count. The State excepted to the ruling of the court in sustaining the motion to quash the second count, and thereupon the prosecuting attorney entered a nolle prosequi, as to the first.

Appellant has assigned as error, the sustaining of appellee’s motion to quash the second count of the indictment, and that is the only…