14 IND 109 - Carpenter v. State

How this case has been cited

Cited by 5 later decisions — most recently January 1921

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Hanna, J.

¶1This was a prosecution for keeping a house to be used for gaming. Motion to quash overruled; trial and conviction.

¶2It is urged that the information is bad for two reasons—

¶31. Because it does not give the names of the persons who gamed.

¶4This was not necessary under the peculiar form of the information. Sowle v. The State, 11 Ind. R. 493.— Winemiller v. The State, id. 516.

¶52. There was no affidavit, other than a general one, attached to the information, verifying the truth thereof. Is *110this sufficient, or ought an affidavit, separate from the inr formation, to be first filed, to base such information upon? 2 R. S. p. 364.

A. Ellison, for the appellant.T. E. McDonald, Attorney General, for the state.

¶6"We are of opinion that, looking to the provisions of the whole statute upon the subject of prosecutions by information, it was intended such proceeding should be based upon an affidavit first filed; and that it is not, therefore, sufficient that the information itself is merely verified.

¶7The charges to the jury are complained of; but the.view taken of the points above noticed renders it unnecessary to pass upon those charges.

Per Curiam.

¶8The judgment is reversed. Cause remanded, &c.