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38 Ind. 60

State v. Benson

Indiana Supreme Court

Decided November 15, 1871

Indiana Supreme Court · decided 1871-11-15

<p>Criminal LAW.—Criminal Court.—Indictment.—All prosecutions for violations of the criminal law, whether felonies or misdemeanors, originating in the criminal court, must be by indictment.</p>

Cited by 1 later decisions — most recently March 1922

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-11-15

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Worden, C. J.

¶1This was a prosecution against the appellee, originating in the court below, for disturbing a religious meeting. The prosecution was by information, which was quashed in the court below, and the State brings the cause here to settle the practice, as we suppose.

¶2We are of opinion that all prosecutions for violations of the criminal law, whether felonies or misdemeanors, originating in the several criminal courts of the State, must be by indictment, and not by information. The information was correctly' quashed.

¶3The judgment is affirmed.

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