State v. Wish

At the April, 1883, term of the district court of Antelope county, the defendant was indicted for stealing a horse *449in that county on the twenty-seventh of March, 1883. On the thirteenth day of November, 1883, the defendant demurred to the indictment,‘upon the ground that the facts stated therein did not constitute an offense under the statute. The demurrer was sustained and the defendant discharged. 1 The prosecuting attorney then applied for and obtained leave to file a petition in error in this court for the purpose of having the law determined. No objection is made to the form of the…