State v. Billings

The opinion of the court was delivered by

Dawson, J.:

The state brings this appeal from an adverse decision of the district court on a plea in abatement in a liquor case.

The defendant, Lew Billings, was arrested for a misdemeanor, and tried and convicted before a justice of the peace in Phillips-burg. He appealed to the district court, and there filed a so-called plea in abatement based upon the following facts:

The magistrate under whose warrant the defendant was arrested and before whom he was tried and convicted was one A. F. Walker, who for some time past (exact time not shown) had been a…