Brittian v. Commonwealth

Opinion of the Court by

Judge Clarke

Affirming.

Appellant complains of Ms conviction of the statutory crime of false swearing, because of the admission of incompetent evidence, the refusal of the -court to direct his acquittal, and the assumption in the instructions- that an essential fact, not proven, was true.

There is -presented, however, only the- question of whether or not the court erred prejudicially in permitting the Commonwealth to prove orally that the alleged false statements were made by defendant upon the trial of an -action then pending against him in the Williams-*462burg police court,…