State v. Malone

This was a criminal prosecution against Thomas Malone, for obstructing a public highway, and was commenced before a justice of the peace. There was a trial and conviction before the justice, and, from the judgment rendered, an appeal was taken to the circuit court. In the circuit court, the affidavit upon which the prosecution was based, was quashed on the motion of the defendant, and the defendant discharged.

The State appealed to this court, and has assigned as error the decision of the court quashing the affidavit.

Omitting the formal parts, the affidavit is as follows: “James 0. Ball swears…