State v. Earp

Reeves, Associate Justice.

The motion to quash the indictment is not found in the record, and there being no return to the certiorari obtained by appellant, the cause is submitted on brief by the Attorney General, asking that the judgment be reversed.

The judgment recites that it was considered by the court that the law was for the defendant; and the motion to quash was sustained, but on what ground does not appear.

The indictment charges that the defendant, in the county of Wise, on the 20th day of July, 1871, did “fraudlently” take, steal, and carry away from and out of the possession of…