169 Ind. 393 | Ind. | 1907
Appellant was prosecuted upon an affidavit for having violated the provisions of §388 of the act of 1905 (Acts 1905, pp. 584, 670, §2280 Burns 1908), by unlawfully trespassing on certain described lands situated in Washington county, Indiana, and owned by Frank A. Bundy. lie unsuccessfully moved to quash the affidavit. Upon his plea of not guilty, he was tried by a jury and a verdict returned, finding him guilty as charged and assessing his punishment at a fine of $5. He moved in arrest of judgment and for a new trial. These motions the court overruled, and rendered judgment on the verdict. Appellant appealed, and the only error assigned is the overruling of the motion to quash the affidavit.
Judgment reversed and cause remanded.