180 Ind. 1 | Ind. | 1913
On appeal from a justice of the peace to the circuit court, appellant was tried by jury for trespass upon the lands of another, under the provisions of §2280 Burns 1908, Acts 1905 p. 584, §388, and was found guilty and fined $5.00 and costs.
The first four assignments of. error in this court on which a reversal of the judgment of the lower court is sought, challenge the affidavit for the first time in this court.
Since the taking effect of §3 of the act of March 4, 1911 (Acts 1911 p. 415), the right to assail an affidavit or indictment by independent assignment of error, for the first time in this court, no longer exists. Robinson v. State (1912), 177 Ind. 263, 97 N. E. 929.
The overruling of appellant’s motion to quash the affidavit against him is properly assigned as error, but is not available, as neither appellant’s brief nor the record contains any such motion. Ward v. State (1913), 179 Ind. 524, 101 N. E. 809, and cases there cited. The overruling of appellant’s motion for a new trial is assigned as error and the causes urged for a new tidal as the basis of this alleged error relate to the alleged insufficiency of the evidence both in law and fact to sustain the
The judgment is affirmed.