Babcock

On April 7, 1936, appellee was charged in the probate court of Twin Falls County, Idaho, with the offense of grazing sheep on a cattle range, in violation of Sec. 24-1607 of the Idaho Code. 1 He appeared, entered a plea of not guilty, and interposed a demurrer on the ground that the criminal complaint failed to state facts sufficient to constitute a public offense and that the court had no jurisdiction over his person or to the subject matter. The demurrer was overruled, and upon a trial appellee was found guilty and fined the sum of one dollar. He appealed to the district court for the county, where his demurrer was again presented and overruled.

At this juncture'appellee brought the present suit in the United States court for Idaho asking injunctive relief from further prosecution in the criminal action pending in the state court. 2 He joined as defendants the prosecuting attorney of the cou'nty and the complaining witness who had subscribed to the criminal complaint. In his bill he alleges the organization of a grazing district pursuant to the provisions of the act of Congress commonly known as the Taylor Act, 48 Stat. 1269 , 43 U.S.C.A. § 315 et seq., 3 and states that the…