Russell v. Commonwealth

Van Sant, Commissioner

Reversing.

The appeal is from a judgment convicting appellant of false swearing and imposing a sentence of confinement in the State Reformatory for a period of two years. It is charged in the indictment that during a grand jury investigation in Rockcastle County in the month of April, 1948, appellant was called as a witness and falsely swore that he “was not at the home of James Barnes on the Saturday night before Fount Phelps was killed on the following day (Sunday).” The principal ground for reversal, and the only one it is necessary for us to consider, is that the…