Commonwealth v. Kitchen

Opinion op the Court by

Judge Milder.

Affirming.

The appellee, Boscoe Kitchen, was indicted for false swearing, after having been legally and duly sworn by H. L. Woods, United States Commissioner, a person authorized to administer an oath, in a trial before said Commissioner in the case of United States v. Stapleton, on a charge of retailing liquor in violation of law. The circuit court sustained a demurrer to the jurisdiction of that court, upon the theory that a State court has no jurisdiction to try a person for the crime of false swearing committed before an officer of the United States.

Secti…