Marshall v. State

This was a prosecution by the State against the appellant, instituted before a justice of the peace, under the provisions of section 1983, E. S. 1881.

Atrial of the cause before the justice resulted in a conviction, from which the appellant appealed to the circuit court, where he was again convicted.

The first question arising in the record before us relates to the sufficiency of the affidavit upon which the prosecution is based.

Omitting the caption, the affidavit is as follows: “ Frank Mingus, being duly sworn, upon his oath, says that one Edward Marshall, on the 30th day of April, 1889, at…