Sams v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellant was charged with the statutory offense of false swearing (Ky. Statutes, sec. 1174, KRS 432.170). Upon trial he was convicted, the jury inflicting punishment by confinement in the penitentiary for one year. The court overruled his motion for new trial and on appeal it is contended that the court erred in (1) not sustaining his motion for directed verdict; (2) in overruling motion for continuance; (3) improper remarks of counsel in opening statement, and in closing argument and improper and prejudicial • instructions.

It appears that…