Johnson v. State

Appellant, a notary public, was convicted after non-jury trial in the Lake Criminal Court of falsely attesting an affidavit. The affidavit in question, purportedly sworn to before the appellant by one Floyd Mitchell, is in the form of an application for an absentee voter’s ballot. Appellant, besides being a notary public, was a precinct election official.

The statute under which appellant was charged is Ind. Anno. Stat. § 10-3602 (1956 Repl.), and reads as follows:

“Falsely attesting affidavit — Whoever, being a notary public or other officer or person authorized to administer oaths, certifies…