Commonwealth v. Wheeler

Opinion op the Court by

Judge Dietzman

Certifying the law.

The appellee was indicted for the offense of false swearing denounced by section 1174 of the Statutes. On his trial the court peremptorily instructed the jury to find him not guilty after the commonwealth had closed its case. The commonwealth, following section 337 of the Criminal Code of Practice, has lodged a transcript of the record in this court for the purpose of having the law certified as to whether or not the case should have been submitted to the jury.

The commonwealth claims that the appellee in a pro-ceding before the Workmen’s…