Commonwealth v. Schweiters
Court of Appeals of Kentucky
CASE 99. — INDICTMENT AGAINST HENRY SCHWEITERS FOR PERJURY. — May 15. Appeal from Jefferson Circuit Court. (Criminal Division.) Joseph Pryor, Judge. (No brief in the record.) In an indictment for false swearing: 1. The falsity of the matter alleged to have been sworn to by the defendant is not properly negatived by special averment. (Commonwealth v. Still, 83 Ky., 275;. Ferguson v. Commonwealth, 8 Ky. Law Rep., 257; Commonwealth v. Weingartner, 16 Ky.
Read the full summary
CASE 99. — INDICTMENT AGAINST HENRY SCHWEITERS FOR PERJURY. — May 15. Appeal from Jefferson Circuit Court. (Criminal Division.) Joseph Pryor, Judge. (No brief in the record.) In an indictment for false swearing: 1. The falsity of the matter alleged to have been sworn to by the defendant is not properly negatived by special averment. (Commonwealth v. Still, 83 Ky., 275;. Ferguson v. Commonwealth, 8 Ky. Law Rep., 257; Commonwealth v. Weingartner, 16 Ky. Law Rep., 221; Commonwealth v. Porter, 17 Ky. Law Rep., 554.)
1Opinion of the Court
OPINION op the Court by
Chief Justice Hobson
Reversing.
The grand jury of Jefferson county returned the following indictment: “The grand jury of the county of Jefferson, in the name and by the authority of the Commonwealth of Kentucky, accuse Henry Schwieters of the crime of knowingly, willfully, unlawfully, and feloniously swearing to that which was false in a matter which was judicially pending, when he had been sworn by a person authorized by law to administer an oath, committed in manner and form, as follows., to wit: ‘ ‘ That the said . Henry Schwieters on the-day of December, A. D. 1905,…
2Cases cited2 opinions
- Commonwealth v. StillCourt of Appeals of Kentucky · 1885
- Commonwealth v. HartCourt of Appeals of Kentucky · 1895
3Cited by4 opinions
- Commonwealth v. GrayCourt of Appeals of Kentucky (pre-1976) · 1933
- Estate of HelmCalifornia Court of Appeal · 1935
- Greeley Nat. Bank v. WolfCourt of Appeals for the Eighth Circuit · 1925
- Strader v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931