Day v. Commonwealth

Opinion of the ’Court by

Turner, Commissioner — ■

Reversing.

Appellant was indicted in the Harlan circnit court charged nnder section 1174 of the Kentucky Statutes *791with the crime of false swearing, and upon his_trial was found guilty, and the court having refused him a new trial, he has appealed.

Four reasons are relied upon as cause for reversal: (1) Because the court erred in not sustaining a demurrer to the indictment; (2) because the court erred in overruling defendant’s motion to require the Commonwealth to elect which of the charges it would prosecute; (3) because of the admission of…