Commonwealth v. Scowden
Court of Appeals of Kentucky
Case 22 — INDICTMENT— APPEAL EROM JBEEERSON CIRCUIT COURT. The word “perjury,” as used in section 113, Criminal Code, embraces “ false swearing,” for which the appellee was indicted. No brief in record.
1Opinion of the CourtChief Justice Holt
The only question presented by this appeal is whether upon the trial of one for false swearing before a grand jury, a grand juror can testify to what the accused swore before the grand jury.
By the earlier common law such testimony, even upon a charge of perjury, was incompetent. The rule was without exception. The statement before the grand jury was absolutely privileged, and no member of it could testify as to it. (1 Chitty, Grim. Law, 316.) Some later decisions so far modified tbe rule as to admit sueh evidence upon the trial of one for perjury. The wisdom of the exception was, however,…
2Cases cited3 opinions
- In re the Probate of the Will of PinneySupreme Court of Minnesota · 1880
- State v. GibbsSupreme Court of Iowa · 1874
- Tindle v. NicholsSupreme Court of Missouri · 1855
3Cited by3 opinions
- Commonwealth v. HinkleCourt of Appeals of Kentucky · 1917
- Weiner v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Pritchett v. FrisbyCourt of Appeals of Kentucky · 1902