State v. Henderson

— Indictment for perjury against the appellee. His motion to quash was sustained. The State excepted, and by a proper assignment of error in this -court presents for our consideration the question of the sufficiency of the indictment.

The appellee, as charged in the indictment, was a person under the age of twenty-one years. He was, on November 21st, 1882, summoned before the grand jury asa witness and was duly sworn by the foreman.

The indictment then alleges: “And it then and there be*407■came a material matter, and was the point in question by and before and with said grand jury, as to whether…