Smiddy v. Commonwealth

Opinion of the Court by

Commissioner Sandidge

Reversing.

Appellant, Bill Smiddy, was convicted in the Whitley circuit court of false swearing and adjudged to serve one year in the state penitentiary at'hard labor. He. prosecutes this appeal.

That the judgment can not be sustained becomes apparent when the following facts appearing in the record are considered: The police court of the city of Jellico, Kentucky, tried appellant for the offense of carrying concealed upon or about his person a deadly weapon, a pistol. A jury was impanelled and sworn and a final trial of the offense was had in that…