Stewart v. State

AN indictment against a constable under the 48th section of the act relative to crimes and punishments, R. C. 1831, p. 190, for official negligence in not executing a state’s warrant, need not contain an averment that the justice who issued the warrant had legal authority to do so; nor an allegation, that previously to the issuing of the warrant, a complaint on oath was made to the justice charging the person to be arrested

with the commission of a crime; nor that a crime was committed in the view of the justice.

It is sufficient if the indictment, in such case, set out a warrant legal upon its…