State v. Legora

The State has appealed from a judgment of the Circuit Court of Rutherford County quashing- an indictment. The second and third of the three counts-of the indictment were quashed because defective, in that ‘essential averments of fact were omitted. The first count was quashed upon the finding* by the court that the supporting-statute is unconstitutional. The statute is chapter 182 of the Acts of 1903, regulating- the business of junk dealers.

The action of the trial court on the second and third counts of the indictment is clearly correct and must be affirmed. These counts undertake to charge…