State v. Rogers

The opinion of the court was delivered by

Wedell, J.:

This was a criminal prosecution under the provisions of R. S. 19-242.

The state has appealed, and defendants cross-appeal. We shall refer to the parties as plaintiff and defendants. The case has not been tried on its merits. Plaintiff appeals from the order of the trial court sustaining motions to quash the indictment. Defendants, the county commissioners, have cross-appealed from the order sustaining a demurrer to their respective pleas in abatement. An appeal does not lie from the latter at this time. In the case of State v. Levine, 125…