Commonwealth v. Kane
Court of Appeals of Kentucky
Case 82 —INDICTMENT— APPEAL PROM CUMBERLAND CIRCUIT COURT. The indictment is good. (Commonwealth v. Powell,- 2 Met., 13.) 1. The indictment is defective in that it fails to allege that the accused was sworn by an officer authorized to administer an oath. (Crim.
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Case 82 —INDICTMENT— APPEAL PROM CUMBERLAND CIRCUIT COURT. The indictment is good. (Commonwealth v. Powell,- 2 Met., 13.) 1. The indictment is defective in that it fails to allege that the accused was sworn by an officer authorized to administer an oath. (Crim. Code, secs. 124, 134; Commonwealth v. Still, 83 Ky., 275; Bitchy v. Commonwealth, 81 Ky., 525.) 2. An indictment for false swearing must negative by special averment the matter alleged to have been sworn to by the accused. (Commonwealth v. Still, 83 Ky., 275.)
1Opinion of the CourtChief Justice Holt
The appellee, Thomas Kane, having been convicted to the penitentiary for one year for false swearing, his motion in arrest of judgment was sustained and the indictment dismissed.
The only ground upon which such a motion can be made is that the matters stated in the indictment do not constitute a public offense within the jurisdiction of the court. (Criminal Code, sec. 276.)
An indictment for this offense must show that the accused was sworn by one authorized to administer an oath as to a matter judicially pending or as to which he could be lawfully sworn, and that he willfully and knowingly…
2Cases cited1 opinion
- Johnson v. JohnsonCourt of Appeals of Kentucky · 1889
3Cited by6 opinions
- Merrell Drug Co. v. DixonCourt of Appeals of Kentucky · 1909
- Strader v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Ball v. SmiddyCourt of Appeals of Kentucky (pre-1976) · 1952
- Cluck v. StateSupreme Court of Arkansas · 1936
- Coulter v. CommonwealthCourt of Appeals of Kentucky · 1913
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