
    The State v. Huddleston, Appellant.
    
    Practice, Criminal: prosecution of misdemeanors, A conviction for a misdemeanor upon an affidavit filed by a private person alone, and without an information of the prosecuting attorney, is illegal and void. Sess. Acts 1877, p. 355, § 6.
    
      Error to Oregon Circuit Court. — Hon. J. R. ■ Woodside, Judge.
    Reversed.
    
      L. B. Woodside for plaintiff in error.
    
      D. H. McIntyre, Attorney General, for the State.
   Hough, J.

At the May term, 1878, of the Oregon circuit 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.  