State of Indiana v. Spitzer

—The appellee, defendant below, was found guilty of a misdemeanor by a justice of the peace and was fined. He prayed an appeal to Circuit Court and tendered an appeal bond, 1 which the justice of the peace approved, and caused the bond and transcript to be filed in Circuit Court. The state, by its prosecuting attorney, moved to dismiss the appeal to Circuit Court on the ground that the bond filed did “not meet the conditions prescribed by statute for such bond.” The trial court overruled this motion, to which ruling the state excepted. The cause against defendant was then dismissed by the…