State Ex Rel. Poindexter v. Reeves

DISSENTING OPINION

•Gilkison, C.

J.—In Indiana the legislature has authorized instituting prosecutions by affidavit except the offenses of treason and murder. The statute granting this authority is as follows:

“All public offenses, except treason and murder, may be prosecuted in the circuit or criminal court, by affidavit filed in term time, in all cases except when a prosecution by indictment or affidavit for the same offense is pending at the time of the filing of such affidavit.

“And such affidavit may be filed in vacation time as in term time, but only with the approval of the judge of such…