Commonwealth v. Turner
Court of Appeals of Kentucky
Case 82 — INDICTMENT— APPEAL PROM GRAVES CIRCUIT COURT. The defendant having voluntarily assumed the role of witness, it is not a material inquiry under an indictment for false swearing whether he testified willingly or unwillingly as to the particular matter as to which he is alleged to have sworn falsely, as he takes the same position as any other witness when he elects to testify.
Read the full summary
Case 82 — INDICTMENT— APPEAL PROM GRAVES CIRCUIT COURT. The defendant having voluntarily assumed the role of witness, it is not a material inquiry under an indictment for false swearing whether he testified willingly or unwillingly as to the particular matter as to which he is alleged to have sworn falsely, as he takes the same position as any other witness when he elects to testify. (Lockard v. Commonwealth, 87 Ky., 201; Burdette v. Commonwealth, 93 Ky., 76; Pace v. Commonwealth, 89 Ky., 204; Smith v. Commonwealth, 13 Ky., Lou. Rep., 31.)
1Opinion of the Court
JUDGE EASTIN
delivered the opinion oe the court.
This was a prosecution against the appellee, ffm. Turner, under an indictment found against him by the grand jury of Graves county charging him with the offense of false swearing, alleged to have been committed in the case of the Commonwealth v. George Harned. Appellee having been acquitted on the trial in the court below, this appeal is prosecuted by the Commonwealth to settle the question as to the correctness of the following instruction given by the court, and excepted to by counsel for the Commonwealth, to wit:
“The court will further say to…
2Cited by9 opinions
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. DeColaSupreme Court of New Jersey · 1960
- Claiborne v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- United States v. BellU.S. Circuit Court for the District of Western Tennessee · 1897
- Sullivan v. CommonwealthCourt of Appeals of Kentucky · 1914
4 more not listed; retrieve them via the Exa API.