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4 Ind. 604

State v. Warner

Indiana Supreme Court

Decided December 31, 1853

Indiana Supreme Court · decided 1853-12-31

<p>In. an indictment for an affray, it is sufficient to allege the county where the offence was committed, without specifying the township.</p>

Relies on Morris v. State

Decided 1853-12-31

Roache, J.

¶1Warner was convicted with one Gilpin for an affray. The prosecutor entered a nolle prosequi as to Gilpin. The indictment charged that Warner and Gilpin, “in Washington township, in said county of Morgan, with force and arms, being then and there unlawfully assembled and gathered together in a warlike manner, then and there at a public place in said township in said county, did then and there unlawfully, by agreement, fight and make an affray with each other,” &c.

¶2On motion of Warner, the indictment was quashed, on the ground that the particular place, as the town or farm where the affray took place, was not specified.

¶3This was unnecessary. It was sufficient to allege the off ence to have been committed in the county of Morgan, without specifying the township. Morris v. The State, 1 Blackf. 37.

Per Curiam.

¶4The judgment is reversed with costs. Cause remanded, &c.

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