May v. Commonwealth

Opinion op the Court by

Chief Justice Fulton

Affirming.

This appeal is from a sentence of one year to the penitentiary for false swearing.

The grand jury of Montgomery County, at the January term, 1942, returned the indictment, charging the appellant with falsely swearing before the grand jury “that he did not engage in a game of poker at the S. O. S. Camp, a place east of Mt. Sterling on U. S. 60, at any time during thp last twelve months.”

Motion was made to set aside the indictment on the following grounds: 1) while the jury commissioners were engaged in filling the jury wheel from which the…