179 Ind. 184 | Ind. | 1913
Appellant was convicted before a justice of the peace of a violation of §22 of the mining act of 1905 (Acts 1905 p. 65, §8592 Burns 1908), by serving in the capacity of a hoisting engineer at a coal mine without having a certificate of service or competency. He appealed to the circuit court and there moved to quash the affidavit. Before a ruling on this motion was made by the court the prosecuting attorney upon leave, of the court and over appellant’s objection filed an amended affidavit. Appellant then moved to strike out the amended affidavit and this motion was overruled.
The judgment of the circuit court is affirmed.
Note.—Reported In 100 N. E. 567. See, also, under (1, 2) 12 Cyc. 887; (5) 12 Cyc. 335. As to the test of identity of offences in connection with former jeopardy as a defense, see 92 Am. St. 105.