Legal Opinion

Henderson v. Commonwealth

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 5 opinions

CASE 33. — PROSECUTION AGAINST J. H. HENDERSON FOR SUBORNATION OF PERJURY. — March 13. Appeal from Jefferson Circuit Court, Criminal Division. Joseph Pryor Circuit Judge Defendant convicted and appeals. This indictment and the trial thereon are radically defective in this: 1. The indictment charges appellant with having suborned Mary Farmer to swear falsely, when the false swearing, if any, was done by Carrie Farmer.

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CASE 33. — PROSECUTION AGAINST J. H. HENDERSON FOR SUBORNATION OF PERJURY. — March 13. Appeal from Jefferson Circuit Court, Criminal Division. Joseph Pryor Circuit Judge Defendant convicted and appeals. This indictment and the trial thereon are radically defective in this: 1. The indictment charges appellant with having suborned Mary Farmer to swear falsely, when the false swearing, if any, was done by Carrie Farmer. There is no testimony that Mary and Carrie Farmer are one and the same person, while the evidence is positive that they are not, but are two different women. 2. The deputy had no…

1Opinion of the Court

OPINION by

Judge Barker

— Affirming’.

J. H. Henderson, was indicted by the grand jury of Jefferson county, under section 1177 of the Kentucky Statutes of 1903, charged with the offense of subornation. of perjury. To this he pleaded not guilty, but a trial resulted in his being found guilty as charged in the indictment, and his punishment fixed at confinement in the penitentiary for a term of two years. Prom the judgment predicated upon this verdict, he is here on appeal.

The facts constituting the offense with, which he stood charged in the court below are, substantially, that he suborned Mary…

2Cases cited5 opinions

  1. Lockard v. CommonwealthCourt of Appeals of Kentucky · 1888
  2. Pace v. CommonwealthCourt of Appeals of Kentucky · 1889
  3. Kriel v. CommonwealthCourt of Appeals of Kentucky · 1869
  4. Craft v. CommonwealthCourt of Appeals of Kentucky · 1882
  5. Hensley v. CommonwealthCourt of Appeals of Kentucky · 1866

3Cited by5 opinions

  1. Williams v. StateCourt of Criminal Appeals of Oklahoma · 1917
  2. Britton v. CommonwealthCourt of Appeals of Kentucky · 1906
  3. Conn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Greenleaf v. WoodsCourt of Appeals of Kentucky · 1906
  5. Bradley v. Commonwealth.Court of Appeals of Kentucky (pre-1976) · 1932

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