Stewart v. State
Cases that cite this one
6 later published cases cite this decision.
- Pinney v. State (Ind. 1901)
- Lane v. Innes (Minn. 1890)
- Smurr v. State (Ind. 1883)
- Williams v. Hitzie (Ind. 1882)
- Cleaveland v. State (Ind. 1863)
- James v. State (Ind. 1845)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
AN indictment against a constable under the 48th section of the act relative to crimes and punishments, R. C. 1831, p. 190, for official negligence in not executing a state’s warrant, need not contain an averment that the justice who issued the warrant had legal authority to do so; nor an allegation, that previously to the issuing of the warrant, a complaint on oath was made to the justice charging the person to be arrested with the commission of a crime; nor that a crime was committed in the view of the justice.
It is sufficient if the indictment, in such case, set out a warrant legal upon its face.
The state is a “ person ” within the meaning of the above-named section of the statute; and an averment, therefore, that the offence was to the injury of the state is sufficient.
There is not a fatal variance between the name Beckwith in a warrant named in an indictment, and Beckworth in that produced on the trial.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.