Cooper v. Commonwealth
Court of Appeals of Kentucky
Case 112 — INDICTMENT FOR ■ PER JURY APPEAL PROM ROWAN, CIRCUIT COURT. The evidence in this case is insufficient to convict the appellant of perjury. The facts proven are consistent with his innocence, and certainly it can not be said that the falsity of his testimony was established either by two witnesses or by one witness with strong corroborating circumstances. Com. v. Davis, 92 Ky., 461; State v. Massy’ 86 N. C., 659.
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
The appellant and one Libbie Purvis were jointly indicted in the Rowan Circuit Court for the offense of adultery. The trial under that indictment resulted in a verdict of acquittal for appellant. The grand jury of Rowan county thereupon reported this indictment against him in which it is charged that upon the trial of appellant and Libbie Purvis upon the charge of adultery “he did knowingly, willfully, and corruptly swear that he had not had carnal sexual intercourse with Libbie Purvis, when same was false and untrue, and was known by him to be…
2Cases cited5 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Gelston v. HoytSupreme Court of the United States · 1818
- United States v. McKeeU.S. Circuit Court for the District of Eastern Missouri · 1877
- State v. . SwepsonSupreme Court of North Carolina · 1878
- Carrington v. CommonwealthCourt of Appeals of Kentucky · 1879
3Cited by36 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
- In Re CollinsCalifornia Supreme Court · 1907
- Spannell v. StateCourt of Criminal Appeals of Texas · 1918
- In Re Application of HarronCalifornia Supreme Court · 1923
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