Wertz v. State

This was a prosecution against the appellant for the erection and maintenance of a nuisance.

The case was commenced and tried before a justice of the peace, where the defendant was convicted and fined; but he appealed to the court from which this appeal is taken and upon trial therein was again convicted and fined, a motion for a new trial having been made in his behalf and overruled. Exception.

Two errors are assigned.

1st. That the court below erred in overruling a motion to quash the affidavit on which the prosecution was founded.

2d. That the court erred in overruling the .motion for a new…