Sizemore v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Appellant, wlio was convicted of false swearing,.insists that the court erred in overruling the demurrer to the indictment. The Commonwealth meets this contention with the claim that the alleged error is not available, as it was not included in the motion and grounds for a new trial. The only office of a motion for a new trial is to bring to the attention of the court errors occurring during the trial which do not otherwise appear of record, and for which a new trial may be granted. The insufficiency of the indictment is not a ground for which a new…