State v. McKee

Appellee was convicted and fined by a justice of the peace, on a charge of malicious trespass. A transcript, purporting to be, and which is treated by counsel as being a transcript of the proceedings in the cause before the-justice, was filed by that oificer in the office of the clerk of the circuit court, within the time allowed by law for appeals, in such cases.

In the circuit court, the State, by its prosecuting attorney,, moved to dismiss the appeal. As we learn from the brief in behalf of appellant, that motion was based upon the ground alone, that the transcript of the proceedings in the…