Capps v. Commonwealth

Opinion op the Court by

Perry, Commissioner

Reversing.

The appellant having been convicted of the crime of false swearing and his punishment fixed by the judgment of the court at imprisonment in the penitentiary for one year, a new trial having been refused him, he has appealed, asking reversal of the judgment upon the following grounds: (1) Error in the court’s instruction No. 3, by reason of its inadvertent omission therefrom of a phrase or certain words required to make its meaning clear so as to fairly present the question to the jury; (2) because the evidence heard upon the trial of the…