Cassorla v. State

On Petition for Rehearing.

Arterburn, J.

This was a prosecution for perjury and this Court divided evenly (J. Lewis not participating) on whether or not the oath administered was defective. Judges Jackson and Mote contended the oath was insufficient, while Judges Arterburn and Hunter took the position that the oath, although informal in nature, was sufficient legally. (See Cassorla v. State [1968], 251 Ind. 390, 237 N. E. 2d 89.) The judgment of the trial court was accordingly affirmed.

Now, on rehearing, the appellant calls our attention to the fact that the divided opinions handed down by the…