Mathews v. State

Roberts, Chief Justice.

The indictment in this case charges defendant with the theft of a gelding. It is difficult to imagine a plainer case than this seems to be, from the statement of facts contained in the transcript of the record. Still there are three distinct objections raised to the legality of the conviction, which require consideration. This is .upon the principle that, however certainly a man may be guilty of an offense, he must not be punished for it until he is convicted according to the forms of law.

The defendant made a motion to set aside the indictment, “because the indictment…