Lee v. Commonwealth

MILLIKEN, Judge.

The appellant, Carl Lee, was convicted of false swearing, KRS 432.170, and sentenced to three years in the penitentiary. He contends that the indictment was demurrable, that certain evidence admitted against him was both incompetent and prejudicial, and that he was entitled to an affirmative instruction setting out his defense of drunkenness.

According to an abundance of evidence, Carl Lee was seated on the back seat of an automobile which had been driven to the home of Sherman Rice in South Corbin about 5 p. m., December 21, 1956, and from which a shot was intentionally fired…