Walden v. Commonwealth

STEINFELD, Chief Justice.

Appellant Richard Walden appeals from a judgment proclaiming him guilty of false swearing, a crime denounced by KRS 432.170, and sentencing him to two years in the penitentiary. We reverse.

The evidence showed that on Sunday, July 25, 1971, three Paducah police officers *90saw Walden and another man emerge from the residence of Eva Wimberly carrying a box containing 24 bottles of Old Forester whiskey. The officers arrested Miss Wim-berly, charging her with an illegal sale. In Police Court Walden testified for the defense, stating that he had purchased the whiskey the…