Franklin v. State
Indiana Supreme Court
From the Madison Circuit Court.
1Opinion of the CourtElliott, J.
This is an appeal from a judgment of conviction of the offence of malicious trespass in destroying a toll-gate.
It is said that the affidavit is insufficient, because the affiant swears from information and belief and not from actual knowledge. We think that it is not necessary that the affidavit should show that the statements contained in it are made from affiant’s knowledge, but that it is sufficient if it appears that they were made upon information and belief. State v. Buxton, 31 Ind. 67; Curry v. Baker, 31 Ind. 151; State v. Ellison, 14 Ind. 380; Simpkins v. Malatt, 9 Ind. 543.
*100It was not…
2Cases cited9 opinions
- Curry v. BakerIndiana Supreme Court · 1869
- Lowe v. StateIndiana Supreme Court · 1874
- Norton v. StateIndiana Supreme Court · 1881
- State v. BuxtonIndiana Supreme Court · 1869
- White v. StateIndiana Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Toops v. StateIndiana Supreme Court · 1883
- Cincinnati, Hamilton & Indianapolis Railroad v. McDougallIndiana Supreme Court · 1886
- Stillson v. StateIndiana Supreme Court · 1933
- State v. McCafferyMontana Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.