Smith v. State

— On affidavit and information, the appellant was convicted of perjury, and sentenced to imprisonment in the State’s prison.

It is first urged that the court erred in overruling the motion to quash the first count of the affidavit and information, under which the conviction was had. The reason given for this contention is that there is repugnancy between the affidavit and information, as to the date of the offense charged; and also that there is repugnancy in the allegations of the information itself.

The affidavit charges that the perjury was committed, at the trial of a certain cause in the…