Smith v. State

Appellant was convicted, under §2116 Burns 1894, §2029 R. S. 1881 an<l Horner 1897, of aiding a prisoner to escape.

The errors assigned challenge (1) the action of the court in overruling appellant’s motion to quash the affidavit and information, and (2) the overruling of his motion for a new trial. No infirmity in the affidavit and information is pointed out, and the first assignment is therefore waived under the often repeated rule of this court. Dunn v. Dunn, 149 Ind. 424.

As a cause for a new trial it is urged that the court erred in giving, of its own motion, instruction number three. The…