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19 Ind. 227

Smith v. State

Indiana Supreme Court

Decided November 15, 1862

Indiana Supreme Court · decided 1862-11-15

<p>Informations for felonies must aver the existence of the facts necessary, to give the Court of Common Pleas jurisdiction to try the case.</p>

Decided 1862-11-15

Per Curiam.

¶1Information against the appellant for a rape. Trial and conviction. The judgment against the accused must be reversed. The information alleges no facts giving the Court jurisdiction, either the consent of the accused, or otherwise. That the information must allege the facts giving jurisdiction, as they are traversable, has been decided in numerous cases.

¶2The judgment is reversed, and the cause remanded.

¶3The clerk will give the proper notice for a return of the prisoner to Kosciusko county.

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