“ All the other objections are appropriate to a demurrer or a motion to quash or in arrest of judgment. They are attacks upon the indictment as a criminal pleading, the right to make which counsel expressly renounce. If well founded, they show that the indictment is bad. But the Constitution does not require, as an indispensable prerequisite to interstate extradition, that there should be a good indictment, or even an indictment of any kind. It requires nothing more than a charge of crime. ”

“ For, if all criticisms of the indictment should be approved, and they leave untouched in the pleading enough to show that the petitioner was charged with crime in the broad and practical sense in which those words ought to be understood, the condition prescribed by the Constitution has been performed.
The objections to the indictment which were advanced in the argument are six in number:
1. The statements in respect to which false swearing is alleged are not statements of facts, but of opinion; and therefore, however falsely made, cannot amount to the crime of false swearing. ”

“ Under the Texas law the crime of false swearing, as distinguished from perjury, can only be committed by a false oath to a voluntary declaration or affidavit, 'not required by law or made in the course of a judicial proceeding.' The sixth objection asserts that the affidavit set forth in this indictment was one required by law. ”