Cantwell v. State

The paper intended as an affidavit, on which the information was founded, ’did not appear to have been sworn to. It was no affidavit. The court below, therefore, erred in refusing to quash the information. The information itself was essentially defective, for the reasons given in Tipton v. The State, ante p. 429.

The judgment is reversed, and-the cause remanded, with instructions to quash, &e.