State v. Giles

— This is a prosecution by affidavit and information charging the mutilation of a dog.

The court, on the defendant’s motion, quashed the affidavit.

From the judgment of the court sustaining the said motion this appeal is prosecuted. There are two objections made to the affidavit.

The first objection depends upon whether or not the affidavit is grounded upon section 2101, R. S. 1881.

The second objection is that the affidavit does not state facts sufficient to constitute a public offence.

The first objection involves two propositions: 1. Has later legislation repealed said section 2101 ? 2. If…