Fisher v. Commonwealth

Opinion of the Court by

Judge Turner

Affirming.

Appellants, Ben and Frank Fisher, together with one Sam Carter, were jointly indicted in the Lawrence Circuit Court charged with false swearing. .

The two Fishers seem to have been tried together in the lower court, and they were both found guilty, and their motions for a new trial being overruled, they appeal.

After the return' of .the verdict, they each made a motion in arrest of judgment upon the ground that the indictment did not state a public offense, and that is the only question urged by counsel for reversal.

The indictment charges that they…