State v. Yellowday

'WalKeb., J.

Tbe defendant was charged, before a justice of tbe peace, with tbe crime of unlawfully and willfully entering upon land, after being forbidden to do so, contrary to tbe provisions of tbe Revisal, sec. 3688. Tbe affidavit upon wbicb tbe warrant issued did not state, in so many Words, tbat tbe defendant entered “without a license so to do,” and after tbe jury bad returned a verdict of guilty, be moved in arrest of judgment upon tbe grounds tbat tbe affidavit did not contain tbat allegation; tbat tbe affidavit, and tbe statement therein made, were not recited in tbe warrant and,…