Watkins v. Kirby

The opinion of the court was delivered by

Gakkjsok, J.

This is a demurrer to pleas. The gravamen of the declaration was that the plaintiff, having been committed to the common jail as a witness in a homicide case, was not furnished by the defendant, who was the sheriff having custody of said jail, with the separate accommodation provided for by section 30 of the Criminal Procedure act (Pamph. L. 1898, p. 877’), which conduct of the defendant “was contrary to law, and particularly to” section 30 above mentioned. The legal effect of this pleading is to charge the defendant with the violation of…