State v. Hart

The. defendant was tried and convicted before a justice of the peace upon an information charging him with a criminal libel. There was an affidavit filed with the justice by the prosecuting witness. On appeal to the criminal court of Greene county the information was quashed on the motion of the defendant, and he was discharged by order of court. The state appealed.

The causes assigned in the motion were directed chiefly against the affidavit of the prosecuting witness, which was claimed to be insufficient in several particulars. If the affidavit be conceded to be insufficient, that would not…