Botner v. Commonwealth

Opinion op the Court by

Drury,

Commissioner— Reversing.

Botner has. 'appealed from á judgment imposing upon him one year’s confinement in the penitentiary for false swearing.

On May 22, 1923, he became surety upon a bail bond for $200 to secure the release of his son, Burgoyne, who was then in the jail at Jackson county awaiting trial for some misdemeanor. To induce the clerk to accept him as surety, he signed and swore to an affidavit in which he stated he owned 90 acres of land worth $2,250 free of liens. The hoy failed to appear for trial at the appointed time, and the bond was forfeited.…