HERRIMAN v. State

— Appellants were charged by affidavit with the crime of attempt to commit grand larceny while armed with a deadly weapon and after a trial by jury were found guilty of said offense and sentenced to the Indiana State Prison for a term of 20 years. They appeal from the judgment assigning as error the overruling of their motion for new trial.

The affidavit filed against appellants in this case omitting the formal parts was as follows:

“TED SADLER, being sworn, on his oath says that he is informed and verily believes that JAMES DOW HERRIMAN and WILLIAM HENDERSON MOORE, on or about the 18th day of…