Wheeler v. Commonwealth

Opinion op the Court by

Judge Perry

Affirming.

The appellant, Bud Wheeler, was indicted in October, 1931, by the grand jury of Floyd county, charging him with the offense of false swearing in the case of Commonwealth v. Johnson. Upon trial, he was convicted and sentenced to two years’ confinement in the penitentiary. Complaining of this judgment, he appeals, and urges for its reversal: (1) That the indictment is defective; (2) that the verdict is not sustained by the evidence; and (3) the admission of incompetent evidence.

Considering the first of these objections, appellant contends that the…