Becker v. State

Layton, C. J.,

delivering the opinion of the Court:

A preliminary question must be decided. The state insists that the record does not show that the constitutionality of the act was questioned in the court below by motion to quash the information filed, or otherwise, and the question not having been raised there, it cannot be presented here for the first time. And further, it urges that in certiorari proceedings the reviewing court is confined to a consideration of the record sent up in obedience to the writ; can hear nothing outside of it to show jurisdiction, regularity, or want of it; that…