Lucas v. State

Appellant was convicted before a justice of the peace of heavy hauling over a macadam and *304gravel road, in violation of the provisions of the act of 1907 (Acts 1907, p. 445, §2313 Burns 1908). He appealed to the circuit court, in which two additional counts were filed. Appellant’s motion to quash was sustained as to the second and overruled as to the first and third counts. A trial by jury resulted in a second conviction.

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Errors have been assigned upon the overruling of appellant’s motion to quash the first count of the affidavit, and also in allowing the same to be reinstated after it had…