Wisehart v. State

Wisehart was charged with a misdemeanor and fined by a justice of the peace. He appealed to the circuit court and entered into recognizance for his appearance <on the first day of the ensuing term, to answer the charge preferred against him and abide the judgment of the court. On the first day of the term he appeared and moved the court to dismiss his appeal. This motion was overruled, and upon trial he- was again found guilty and fined. He brings the record here on appeal and assigns for error .the ruling of the -court in overruling his motion to dismiss his appeal.

It is contended on…