GARDNER v. STATE

No. 28,699.

229 Ind. 368 (1951)

97 N.E.2d 921

GARDNER v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied May 16, 1951.


Attorney(s) appearing for the Case

Floyd R. Murray; and Galvin, Galvin & Leeney, both of Hammond, for appellant.

J. Emmett McManamon, Attorney General; Frank E. Coughlin and Norman J. Beatty, Deputy Attorneys General, for appellee.

David P. Stanton, Prosecutor of Lake County, and Gilbert Gruenberg, Special Deputy Prosecutor, Amici Curiae.


GILKISON, J.

On September 30, 1948, an indictment was filed against appellant in the Criminal Court of Lake County charging him with the crime of perjury in a voluntary affidavit, which, it is alleged, was sworn to before Walter Mybeck, Clerk of Lake Superior Court. The charge is brought under § 10-3802, Burns' 1942 Replacement. On June 2, 1949, appellant waived arraignment and entered a plea of not guilty.

On November 8, 1949, the state filed its motion...

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