Farmer v. State

Jackson, Chief Justice.

But one point is made in this record. The defendant was convicted in the county court of the county of Douglas, and sued out a writ of certiorari to the superior court.

The superior court dismissed the writ on the ground that the affidavit, as a condition precedent to the grant of the writ, had not been made in accordance with law, in that the affiant, under the pauper act, did not swear that because of poverty he was unable to pay the costs.

The dismissal for this reason is the error assigned

*135Section 302 of the Code declares this proviso to the privilege of taking the…