State v. Arnold

— The appellees were indicted, at the February term, 1894, of the Whitley Circuit Court, the charge being that they were partners doing a banking business at said county, and, as such, received a deposit of $25 from one William Heagy, at a time when they were insolvent, and knew of their insolvent condition.

The appellees appeared and filed a motion to quash the indictment upon the ground that the act of March 9, 1891, p. 395,of the General Assembly of this State, in so far as it relates to private bankers, is unconstitutional and void.

This motion was sustained by the court, and the State…