Commonwealth v. Jarboe
Court of Appeals of Kentucky
Case 21 — APPEAL PROM TAYLOR CIRCUIT COURT. The allegation in the indictment that defendant took his “corporal oath” was mere surplusage, and not necessary to be proved. (Commonwealth v. Howard, 3 Met., 408; Robinson v. Commonwealth, 16 B. M„ 615.)
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The averment in this indictment for perjury is, that “the said Robert Jarboe did then, before the court aforesaid, take his corporal oath, and was then duly sworn by the said court and clerk thereof, that the evidence he, the said Robert Jarboe, should give to the court and jury, sworn between the parties aforesaid, touching the matters in question in the said issue, should be the truth, the whole truth and nothing but the truth.”
Upon the trial it was proven by the clerk, who administered the oath, that the accused was with uplifted right hand…
2Cases cited1 opinion
- Jackson v. StateIndiana Supreme Court · 1848
3Cited by11 opinions
- Commonwealth v. TobinCourt of Appeals of Kentucky · 1910
- Lowery v. CommonwealthCourt of Appeals of Kentucky · 1921
- Hanley v. StateWisconsin Supreme Court · 1905
- Bradford v. Board of EducationCalifornia Court of Appeal · 1912
- Asher v. SizemoreCourt of Appeals of Kentucky · 1953
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