At the May term, 1878, of the Oregon *668circuit court, the defendant was tried and convicted upon an affidavit, made by a private person, charging him. with unlawfully and willfully disturbing the peace of a school. No information was filed by the prosecuting attorney, based upon said affidavit, as provided by the law then in force, (Acts 1877, p. 355, § 6,) and the conviction was, therefore, illegal and void. The judgment will be reversed.
The other judges concur.
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