McSwane v. State

An affidavit, filed in the city court of the city of Evansville, charged appellant and another with the crime of burglary in the second degree. After a plea of not guilty, there was a hearing before the judge of the city court, who found that they were probably guilty. They were recognized to appear at the next term, of the Vanderburgh Circuit Court.

In the circuit court, the appellant was tried upon the original affidavit which had been filed in the city court. He was found guilty and judgment was rendered on the court’s finding. On appeal, it is claimed that the court erred in overruling the…