State v. Clason

The appellee, as defendant, below, was charged by affidavit in one count with a misdemeanor for the violation of Chapter 278, Sec. 11, Acts of 1937, §3901-11 Baldwin’s Ind. St. Service 1937. There was a motion to quash on the grounds (1) that the facts stated in the affidavit did not charge a public offense, and, (2) that the affidavit contained matter which, if true, constituted a legal justification of the offense charged. The trial court sustained the motion to quash and discharged the defendant, with a finding, that the statute is unconstitutional. It was not claimed that the charge was…