Commonwealth v. Hinkle

Opinion of the Court by

Judge Miller

— Affirming.

This appeal is prosecuted by the Commonwealth from a judgment of the circuit court which sustained a general demurrer to an indictment returned May 26, 1917, charging the appellee, Tom Hinkle, with the crime of false swearing.

the indictment was based upon the following affidavit made by Hinkle on February 24, 1916, before the clerk of the Wbitley circuit court:

*23“The affiant, Thomas Hinkle, says that he is now confined in the Whitley county jail on conviction for a nuisance, and that if the court will grant affiant a new trial, affiant will take…