State v. Rupp

*447The opinion of the court was delivered by

Mason, J.:

Jacob A. Rupp was prosecuted upon the charge of having made an affidavit in support of an application for a marriage license, stating the age of the prospective bride to be eighteen years, when in fact it was but fifteen. He was convicted and sentenced to pay a fine of $100. He appeals.

The defendant maintains that while he signed the statement in question he did not swear to it. There was considerable testimony to that effect. But the probate judge whose jurat was attached to the writing testified that while he had no specific recollection of…