Allstodt v. State

Decided November 15, 1874

Indiana Supreme Court · decided 1874-11-15

<p>Circuit Court.—Proseevtion by Affidavit and Information.—In the absence of an indictment, there can he no prosecution commenced in the circuit court upon an affidavit without an information.</p>

Cited by 2 later decisions — most recently November 1969

2 state decisions

Relies on Byrne v. State · Moniger v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-15

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Bttskiek, C. J.

¶1The appellant was prosecuted and convicted in the court below for malicious trespass. The prosecution proceeded solely upon an affidavit. There was no information filed. It has been held, that, in the absence of an indictment, there can be no prosecution commenced in the *234circuit court without an affidavit and information. Byrne v. The State, 47 Ind. 120; Moniger v. The State, 48 Ind. 383.

¶2The judgment is reversed, with costs; and the cause is remanded, with directions to the court below to quash the affidavit.