State v. Lowe

BUDGE, J. —

Respondent, Charles R. Lowe, was indicted by the grand jury of Ada county, upon a charge of perjury, to which indictment respondent interposed his demurrer “for the reason and upon the ground the facts stated in said indictment do not constitute a public offense.” The demurrer was sustained and respondent ordered discharged and his his cash bail refunded. From the judgment the state has appealed and assigned as error the action of the court in sustaining respondent’s demurrer to the indictment.

The charging part of the indictment is as follows:

“That Charles R. Lowe, on or about the…