
    The State v. Durst.
    An indictment which does not conclude, “against the peace and dignity of the State,” (Hart, Dig., p. 62, see. 9,) should be quashed, on motion. (Note 13.)
    Note 13. — The State v. Sims, 43 T., 521.
    Appeal from Leon. This was an indictment for gaming found at the Spring Term of the District Court, 1851. The indictment did not conclude, “ against the peace and dignity of the State.” For this cause, among others, the defendants moved to quash the indictment. Their motion was sustained, and the State by its district attorney appealed.
    
      Attorney General, for appellant.
    
      Fish and Barziza, for appellee.
   WheeleR, J.

It will suffice for the disposition of this case to observe, that it is a positive requirement of the Constitution that the indictment conclude, “against the peace and dignity of the State.” (Hart. Dig., p. 62, sec. 9.)- lb is scarcely necessary to say that the courts have no authority to dispense with, that which the Constitution requires. .

The court did not err in its judgment quashing the indictment, and it is affirmed.

Judgment affirmed.  