Smith v. State

This was a prosecution by affidavit and information, against the appellant, for an alleged violation of the provisions of section 50 of the misdemeanor act of June 14th, 1852 (section 2157, R. S. 1881), concerning the unlawful appropriation of estray property. The appellant’s motion to *554quash the affidavit and information having been overruled by the court, and his exception saved, he filed a special plea in bar of the prosecution. The State, by its attorney, demurred to this special plea, for the alleged insufficiency of the facts therein to constitute a defence; which demurrer was sustained…