State v. Clevinger

An affidavit was filed before a justice of the peace, charging Clevinger with having “maliciously injured a toll-gate, the property of the Walnut-street Turnpike Company, of the value of five dollars, by then and there taking the same down off the hinges, to the damage of said turnpike company,” &c.

Before the justice, the defendant was fined; and-in the *367Court of Common Pleas, a motion was made by defendant, and sustained, to dismiss the case because of the insufficiency of the affidavit.

G. M. Anthony and W March, for the state. D. Nation and W Brotherton, for the appellee.

It is insisted that…