Carter v. State
This text of 193 N.E. 385 (Carter v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant and others were charged with conspiracy to commit the felony of perjury and with perjury. The prosecution was commenced by filing the affidavit which supported the prosecution in the case of Ernest Lynn v. State of Indiana, No. 26,200 (1934), ante 393, 193 N. E. 380, decided this day by this court. Appellant was convicted of conspiracy to commit the felony of perjury, under the first count of the affidavit. This appeal presents the same questions as were considered in the case of Lynn v. State, supra. Because of the prosecuting attorney’s failure to indorse the affidavit “approved by me” appellant’s motion to quash should have been sustained. Upon the authority of Lynn v. State, supra, judgment is reversed with directions to the trial court to sustain appellant’s motion to quash the affidavit and for further proceedings not inconsistent with the opinion of this court in the case of Lynn v. State, supra.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
193 N.E. 385, 207 Ind. 708, 1934 Ind. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-ind-1934.