Fugate v. Commonwealth

Opinion of the Court by

Judge Thomas

— Affirming.

the appellant was indicted by the grand jury of Breathitt county charged with the offense of false swearing, and upon bis trial under a plea of not guilty was convicted and bis punishment fixed by the verdict of the jury at one year’s confinement in the penitentiary. His mo*795tion for a new trial having been overruled and judgment pronounced, he seeks a reversal thereof by this appeal.

The alleged false oath was made by the defendant in his testimony as a witness for his brother in a trial of the latter in the same court upon the charge of having…