Peak v. State

DISSENTING OPINION

Bobbitt, J.

I dissent from the majority opinion because appellant herein was not afforded a fair trial for the reason that he was indicted under Acts 1905, ch. 169, §491, p. 584, being §10-3603, Burns’ 1956 Replacement, for falsely acknowledging the execution of a deed before him as a notary public, but was convicted upon evidence which might sustain a conviction for conspiracy to defraud the State but which in no way sustains a conviction of the crime charged in the indictment, viz.: “Falsely Attesting Acknowledgement.”

To keep the issue clearly before us it must be kept in…