Shell v. State

The appellant, Edward L. Shell, alias Elmer E. White, was convicted of perjury upon affidavit and information in four counts. A motion to quash was made and overruled in the lower court, and that ruling is the only error assigned. The first count charged the time of the alleged offense as “on or about the 9th day of September, A. D. 1895,” and each succeeding count charged it as “on the day aforesaid” or “at the time aforesaid.”

It is insisted that the second, third, and fourth counts were insufficient, in stating no time, or in referring to a date stated in the first count.

In section 1825,…