Swiney v. State

Olds, J. —

This is a prosecution for an assault and «battery. The paper purporting to be an affidavit, upon which the prosecution is based, does not appear to have been sworn to. There was a motion to quash the affidavit, which was overruled, and exceptions, and the ruling is assigned as error.

It is .contended by counsel for the State that the objection that the affidavit was not sworn to is not presented by a motion to quash. We think it is. A motion to quash reaches all defects apparent on the face of the affidavit or indictment. Cooper v. State, 79 Ind. 206; Heacock v. State, 42 Ind. 393;…