Legal Opinion

Commonwealth v. Bray

Court of Appeals of Kentucky

Decided September 25, 1906PublishedCited by 3 opinions

Case 42. — PROSECUTION AGAINST G. H. BRAY FOR FALSE SWEARING. — Appeal from Laurel Circuit' Court. C. T. Atkinson, Special Judge. Demurrer to Indictment' Sustained and the Commonwealth appeals. N. B. HAYS, N. L. SMITH and CHAS. H. MORRIS OF Counsel. POINTS AND AUTHORITIES. 1. Error in refusing to submit case to another grand jury, 1-2. (Crim.

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Case 42. — PROSECUTION AGAINST G. H. BRAY FOR FALSE SWEARING. — Appeal from Laurel Circuit' Court. C. T. Atkinson, Special Judge. Demurrer to Indictment' Sustained and the Commonwealth appeals. N. B. HAYS, N. L. SMITH and CHAS. H. MORRIS OF Counsel. POINTS AND AUTHORITIES. 1. Error in refusing to submit case to another grand jury, 1-2. (Crim. Code, secs. 166-170; Com. v. Shelby, 18 Rep. 781; Com. v. Swanger, 22 Rep. 276.) 2. Demurrer should have been overruled, 3-4. Com. v. Edison, 10 Rep. 340. ■

1Opinion of the Court

Opinion of the Court by

Judge O’Rear

Affirming.

Appellee was indicted upon the charge of false swearing. The accusation in the indictment runs: “The said Gr. H. Bray did wilfully, knowingly, and falsely swear and give in evidence the following false statement to-wit: ‘ That he never did make any trade with the said Gr. W. Morris of any kind whatever,’ when in fact and truth the said Gr. H. Bray had made a trade with said Morris, and then and there knew he had made said trade, and knew that said statement was false.” Whether the accused and Morris had made a “trade” depended upon whether they had…

2Cases cited2 opinions

  1. Commonwealth v. ThompsonCourt of Appeals of Kentucky · 1835
  2. Commonwealth v. SwangerCourt of Appeals of Kentucky · 1900

3Cited by3 opinions

  1. United States v. MargolisCourt of Appeals for the Third Circuit · 1943
  2. Schoenfeld v. StateCourt of Criminal Appeals of Texas · 1909
  3. Commonwealth v. AllenCourt of Appeals of Kentucky · 1914

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