Legal Opinion

Kerfoot v. Commonwealth

Court of Appeals of Kentucky

Decided October 10, 1889PublishedCited by 10 opinions

Case 27 — APPEAL PROM HARDIN CIRCUIT COURT. The indictment is not sufficient. It should have alleged facts showing the authority to pass an ordinance forbidding the sale of whisky, that such an ordinance had been passed by the proper authorities, naming them, and that the police judge was a person authorized to administer an oath to appellant.

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Case 27 — APPEAL PROM HARDIN CIRCUIT COURT. The indictment is not sufficient. It should have alleged facts showing the authority to pass an ordinance forbidding the sale of whisky, that such an ordinance had been passed by the proper authorities, naming them, and that the police judge was a person authorized to administer an oath to appellant. In the absence of such allegations, it does not appear that the subject which the police court was investigating was one in which appellant could be legally sworn, or that the oath was administered by an officer having authority to administer it.…

1Opinion of the Court

CHIEP JUSTICE LEWIS

delivered the opinion of the court.

Appellant was tried and convicted under an indictment lor false swearing, charged to have been committed as follows: “The said Henry Kerfoot * * did willfully, * * falsely and feloniously swear and state, in the police court of the town of Elizabethtown, after first being sworn by J. D. Irwin, the police judge of said court, to testify as a witness, that he had bought whisky on the-day of-of John Jones, in an alley of said Elizabethtown. * * The police court was then investigating whether said Kerfoot had bought whisky in the aforesaid…

2Cases cited1 opinion

  1. Commonwealth v. PowellCourt of Appeals of Kentucky · 1859

3Cited by10 opinions

  1. Commonwealth v. RansdallCourt of Appeals of Kentucky · 1913
  2. Harkleroad v. CommonwealthCourt of Appeals of Kentucky · 1925
  3. Bryant v. CrosslandCourt of Appeals of Kentucky · 1918
  4. Childress v. CommonwealthCourt of Appeals of Kentucky · 1923
  5. Mitchell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931

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