Gardner v. State

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 to amend the indictment to make it state that the voluntary affidavit of appellant upon which the charge is based was sworn to before “Walter W. Krause…