
    The State v. M’Whinney.
    It is not material' to the offence of failing to file a certificate of the solemnization of a marriage, &c., that a marriage license should have issued.
    
      Tuesday, July 28.
    ERROR to the Wayne Circuit Court.
    
      W. J. Peasley,'for the state.
    
      J. S. Newman, for the defendant.
   Blackford, J.

Indictment against a justice of the peace for not filing a certificate of the solemnization of a marriage, &c. The Circuit Court, on the defendant’s motion, quashed the indictment.

. Two objections are made to the indictment. 1. It'does not state that the marriage license was sealed; 2. It does not give the name of the clerk who issued the license.

These objections are not well founded. The offence is for not filing in the clerk’s office a certificate of the solemnization of the marriage,, within the proper time. It is riot material to the offence; that a license should have.issued.

Per Curiam.

The judgment is reversed with costs. Cause remanded, &c.  