State v. Cuppy

This was a prosecution by affidavit and information, for selling articles at an agricultural fair in violation of the act on that subject, 2 G. & H. 469, note, and the amendment to the first section thereof, 3 Ind. Stat. 257, sec. 1. The only question that need be determined is as to the sufficiency of the affidavit; for if that was bad, the information founded on it must necessarily fall. Luther v. The State, 27 Ind. 47.

The affidavit does not negative the ownership of the real estate where the articles were sold, nor does it allege that the ■defendants had not the permission of those having…