Swartz v. State

The appellant was charged with an act of kidnapping on the 2nd day of March, 1963. On January 21, 1964, following a trial before the judge of the court, the appellant was found guilty of that offense under Burns’ Ind. Stat. Anno. § 10-2901 (1956 Repl.).

It is first urged that the court erred in overruling appellant’s motion in arrest of judgment, based on the ground that the charge does not state facts sufficient to constitute an offense and that the amended affidavit was defective in that it was not resworn to. The transcript contains an affidavit of the clerk of the court stating the amended…