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8 Ind. 458

Conklin v. State

Indiana Supreme Court

Decided January 13, 1857

Indiana Supreme Court · decided 1857-01-13

Complaint for surety of the peace made by Tilton against Conklin. Jury trial before the justice, and verdict sustaining the complaint; whereupon Conklin was recognized to the Common Pleas. In that Court, the defendant moved to quash for want of a sufficient affidavit. This motion was overruled, and exception taken. Trial by the Court, and Conklin ordered to give bail in tlje sum of 200 dollars. Conklin appeals, relying solely on the refusal of the Court to quash, &c.

Good law ✅— No negative treatment on recordhow we know

Decided 1857-01-13

How this case has been cited

Cited by 4 later decisions — most recently May 1956

4 state decisions

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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.

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Per Curiam.

¶1We think the motion to quash was correctly overruled. It is said the complaint is in the alternative; and this has often been held, with more of technical precision than sound reason, to be fatal. Emit may often be that a threat is made on which a well grounded fear of meditated injury may be indulged; and yet, from the terms employed, it might be difficult to determine whether the person, or the property, or both, were in danger.

¶2There is no doubt but that the complainant may well include all his fears of person, property, and family conjunctively. Here, it is objected that the disjunctive “or” is used. But we have repeatedly decided that “ or” means “ and,” and vice versa.

¶3We do not think this technical defect, if it be one, is of such a character as “to tend to the prejudice of the substantial rights of the defendant upon the merits.” 2 R. S. pp. 368, 369. That act provides that even an indictment or information may not be quashed for trivial *459defects. Much less a complaint for surety of peace (1). the

S. A. Huff, Z. Baird, and J. M. Larue, for the appellant.

¶4The judgment is affirmed with costs.

¶5 But see Steele v. The State, 4 Ind. R. 561; 1 Chit. Pl. 226.

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