State v. Engle

Baker, I.

Before a justice of the peace in Indianapolis appellee was tried and convicted on an affidavit charging *340him with removing his baggage from a rooming house in violation of the second section of the inn-keepers’ áfet, hereinafter cited. On appeal to the Marion Criminal Court, appellee’s motion .to quash the affidavit was sustained “for i.he reason tliat the affidavit does not allege that the defendant removed the said goods with the intent to defraud the rooming house keeper”. The affidavit does not contain suph an allegation; and the necessity therefor is the only question presented…