State v. Dalzell

— The respondent was charged by information with the crime of perjury, based upon an affidavit previously made by him. After conviction, his motion for arrest of judgment was sustained, and the state has appealed.

Section 2183, Rem. Comp. Stat. [P. C. § 9343], says:

“Judgment may be arrested on the motion of the defendant for the following causes. . . . (2) that the facts as stated in the indictment or information do not constitute a crime or misdemeanor.”

The respondent contends that, the information is fatally defective in the following respects: (1) in that ,it. failed to allege that…