Legal Opinion

Commonwealth v. Davis

Court of Appeals of Kentucky

Decided September 7, 1893PublishedCited by 9 opinions

Case 110 — INDICTMENT— The lower court erred in not admitting the record of the bastardy proceeding. The fact that the date did not correspond with that stated in the indictment was immaterial. (Barnard v. Commonwealth, 94 Ky.)

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OP THE COURT.

Appellee Will Davis, having been indicted for the offense of false swearing, and .under a peremptory instruction of the court found by verdict of the jury not .guilty, the Commonwealth prosecutes this appeal.

The circumstances under which the alleged offense was committed are stated in the indictment, substantially as follows-: That upon trial in the G-raves County Court of the cause of the Commonwealth against appellee, on a warrant charging him with being father of a bastard child, he appeared as a witness on his own behalf, and being duly sworn…

2Cases cited3 opinions

  1. Commonwealth v. PowellCourt of Appeals of Kentucky · 1859
  2. Commonwealth v. StillCourt of Appeals of Kentucky · 1885
  3. Richey v. CommonwealthCourt of Appeals of Kentucky · 1883

3Cited by9 opinions

  1. May v. CommonwealthCourt of Appeals of Kentucky · 1913
  2. Goslin v. CommonwealthCourt of Appeals of Kentucky · 1905
  3. Partin v. CommonwealthCourt of Appeals of Kentucky · 1913
  4. Conn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
  5. State v. PerrySupreme Court of Iowa · 1902

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