State v. Warren

An affidavit was made in the court of a justice of the peace charging or attempting to charge appellee with a misdemeanor, and on a trial the defendant was convicted and he appealed to the county court. In that court a demurrer to the amended affidavit was sustained, and the state appealed to the circuit court. There the action of the county court was affirmed, and the state has attempted to appeal to the Supreme Court.

Putting aside the question whether an appeal may he taken from the county court to the circuit court on an order sustaining a demurrer to an affidavit, we have no option other…