Davis v. State

This was a prosecution for surety of the peace, based on the following affidavit:

“Joseph Taylor, being duly sworn, on his oath .says that he has just cause to fear, and does fear, that said Joseph B. Davis will kill and murder him, and that he *13makes this affidavit only to secure the protection of the law, and not from anger or malice.”

We think'this affidavit is drawn in substantial compliance with the provisions of section 1675, R. S. 1894 (section 1606, R. S. 1881).

The statute provides that the fear complained of by one bringing the suit shall be “that another will destroy or injure his…