Tudor v. Commonwealth
Court of Appeals of Kentucky
CASE 26. — PROSECUTION OF ELISHA TUDOR FOR PERJURY. Appeal from Estill Circuit Court. Defendant convicted and appeals. — The grounds relied on for reversal are: 1. The court erred in overruling demurrer to the indictment. 2. Tihe verdict is not sustained by the evidence. 3. The trial court erred' in instructing the jury. 4. The court erred in not instructing the jury to find defendant not guilty. 5. The court erred in overruling defendant’s motion for a new trial by reason…
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CASE 26. — PROSECUTION OF ELISHA TUDOR FOR PERJURY. Appeal from Estill Circuit Court. Defendant convicted and appeals. — The grounds relied on for reversal are: 1. The court erred in overruling demurrer to the indictment. 2. Tihe verdict is not sustained by the evidence. 3. The trial court erred' in instructing the jury. 4. The court erred in not instructing the jury to find defendant not guilty. 5. The court erred in overruling defendant’s motion for a new trial by reason of newly discovered evidence. AUTHORITIES. Adams v. Commonwealth, 94 S. W. 664, 29 Ky. L. R. 683; Goslin v. Commonwealth,…
1Opinion of the Court
*188Opinion of the court by
Chief Justice Settle
Reversing.
Appellant was convicted under an indictment charging him with the crime of false swearing, and his punishment fixed at confinement in the penitentiary one year. Prom the judgment entered upon the verdict of the jury he prosecutes this appeal.
The indictment charges: “That said Elisha Tudor on the 24th day of July, 1908, did unlawfully, willfully, feloniously, and falsely, after having been first duly sworn by O. K. Noland, judge Estill quarterly court, said Noland having authority to administer an oath, to testify to the truth on the trial…
2Cases cited4 opinions
- Goslin v. CommonwealthCourt of Appeals of Kentucky · 1905
- Hughes v. CommonwealthCourt of Appeals of Kentucky · 1909
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1902
- Adams v. CommonwealthCourt of Appeals of Kentucky · 1906
3Cited by5 opinions
- Carroll v. CommonwealthCourt of Appeals of Kentucky · 1915
- Commonwealth v. FainCourt of Appeals of Kentucky (pre-1976) · 1933
- Stark v. CommonwealthCourt of Appeals of Kentucky · 1916
- Commonwealth v. Garner, Alias TaylorCourt of Appeals of Kentucky (pre-1976) · 1925
- Greenwell v. CommonwealthCourt of Appeals of Kentucky · 1958