Benge v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

Reversing.

Appellant lists the following grounds in support of his contention that the judgment convicting him of false swearing should be reversed: The Court erred (1) in overruling his demurrer to the indictment; (2) in admitting incompetent evidence introduced by the Commonwealth; (3) in overruling his motion for a peremptory instruction at the conclusion of the evidence for the Commonwealth, and at the conclusion of all the evidence; (4) in the instructions to the jury; and (5) in overruling his motion for a continuance.

The indictment charged…