Richey v. Commonwealth
Court of Appeals of Kentucky
Case 81 — INDICTMENT APPEAL PROM BARREN CIRCUIT COURT. We insist that the indictment is insufficient, because it does not charge that the testimony alleged to he false was material to the issue then being tried. The verdict of the jury was against the evidence. 'The instruction of the court was error. (Gen. Stats., chap. 29, art. 8, sec. 2; Greenleaf Ev., sec. 189; Whart. Crim.
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Case 81 — INDICTMENT APPEAL PROM BARREN CIRCUIT COURT. We insist that the indictment is insufficient, because it does not charge that the testimony alleged to he false was material to the issue then being tried. The verdict of the jury was against the evidence. 'The instruction of the court was error. (Gen. Stats., chap. 29, art. 8, sec. 2; Greenleaf Ev., sec. 189; Whart. Crim. Law, sec. 577.) ‘The indictment would he good if an impossible date, or no date, had been charged as to the difficulty with Chenault. The date is not material.
1Opinion of the Court
JUDGE HINES
delivered the opinion ov tiie court.
On a charge of false swearing there was a conviction and sentence in this case of confinement in the penitentiary for one year.
The principal complaint on the appeal is that the indictment, is defective.
It is charged in the indictment that at the March term of the Barren circuit court, 1883, in the investigation as to a difficulty between appellant and one Chenault, which is alleged to have taken place in December, 1883, appellant having been sworn by the foreman of the grand jury, duly organized and having jurisdiction to make the investigation,…
2Cited by6 opinions
- Sullivan v. CommonwealthCourt of Appeals of Kentucky · 1914
- Commonwealth v. DavisCourt of Appeals of Kentucky · 1893
- Childress v. CommonwealthCourt of Appeals of Kentucky · 1923
- Sanlin v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Bradley v. Commonwealth.Court of Appeals of Kentucky (pre-1976) · 1932
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