Commonwealth v. Swanger
Court of Appeals of Kentucky
Case 82 — Indictment pop. Perjury APPEAL PROM MASON CIKCOIT COURT. Judgment Dismissing Indictment and Commonwealth Appeals. 1. If the court adheres to the opinion rendered in the case of Kaelin v. Commonwealth, 84 Ky.
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Case 82 — Indictment pop. Perjury APPEAL PROM MASON CIKCOIT COURT. Judgment Dismissing Indictment and Commonwealth Appeals. 1. If the court adheres to the opinion rendered in the case of Kaelin v. Commonwealth, 84 Ky. Rep., 345, the indictment in this case is fatally defective. 2. The indictment does not charge that the offense was committed “feloniously.” 3. The text books, as well as a vast majority of the decisions in other States, adhere to the doctrine that an indictment for perjury, as in all common law offenses must charge the act to have been committed -feloniously. 1. An indictment…
1Opinion of the Court
Opinion of the coubt by
JUDGE BURNAM
Affibming.
Appellee, W. T. Swanger, was indicated by the grand jury of Mason county for perjury. A general demurrer was sustained to the indictment, and thereupon the Commonwealth’s Attorney moved the court to refer the charge to the grand jury then in session, but the court overruled the motion and directed that the defendant be discharged. We are asked upon this appeal to reverse the judgment of the lower court both on the demurrer and in its refusal to again refer the charge to the grand jury. The indictment which is the basis of this prosecution fails to…
2Cases cited1 opinion
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
3Cited by5 opinions
- State v. EddyOregon Supreme Court · 1905
- Commonwealth v. SmithCourt of Appeals of Kentucky (pre-1976) · 1951
- Commonwealth v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1939
- Commonwealth v. BrayCourt of Appeals of Kentucky · 1906
- Commonwealth v. AllenCourt of Appeals of Kentucky · 1914