Simpson v. Commonwealth

Judge Latimer

Reversing.

Appellant Roy Simpson, was found guilty of false swearing and Ms punishment fixed at one year’s confinement in the Penitentiary.

For reversal he insists that the instructions were erroneous and prejudicial, in that (1) they authorized conviction upon evidence not proved by Commonwealth, and (2) a portion thereof was in effect an instruction to find defendant guilty.

Prior to the indictment herein, appellant was tried on the charge of assault and battery. Testimony given at that trial forms the basis of the charge in the instant case. It appears that, while a group of men…