Legal Opinion

Conklin v. State

Indiana Supreme Court

Decided January 13, 1857PublishedCited by 4 opinions

APPEAL from the White Court of Common Pleas. Complaint for surety of the peace made by Tilton against Conklin. Jury trial before the justice, and verdict sustaining the complaint; whereupon Conklin was recognized to the Common Pleas. In that Court, the defendant moved to quash for want of a sufficient affidavit. This motion was overruled, and exception taken. Trial by the Court, and Conklin ordered to give bail in tlje sum of 200 dollars.

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APPEAL from the White Court of Common Pleas. Complaint for surety of the peace made by Tilton against Conklin. Jury trial before the justice, and verdict sustaining the complaint; whereupon Conklin was recognized to the Common Pleas. In that Court, the defendant moved to quash for want of a sufficient affidavit. This motion was overruled, and exception taken. Trial by the Court, and Conklin ordered to give bail in tlje sum of 200 dollars. Conklin appeals, relying solely on the refusal of the Court to quash, &c.

1Per curiam

We think the motion to quash was correctly overruled. It is said the complaint is in the alternative; and this has often been held, with more of technical precision than sound reason, to be fatal. Emit may often be that a threat is made on which a well grounded fear of meditated injury may be indulged; and yet, from the terms employed, it might be difficult to determine whether the person, or the property, or both, were in danger.

There is no doubt but that the complainant may well include all his fears of person, property, and family conjunctively. Here, it is objected that the disjunctive…

2Cited by4 opinions

  1. Travelers' Protective Ass'n v. JonesIndiana Court of Appeals · 1920
  2. State v. CallahanIndiana Supreme Court · 1890
  3. Benny v. BellCourt of Appeals of Texas · 1956
  4. Beckwith v. StateIndiana Supreme Court · 1863

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