Com. v. Davis
| Decision Date | 07 September 1893 |
| Citation | 23 S.W. 218,94 Ky. 612 |
| Parties | COMMONWEALTH v. DAVIS. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Graves county.
Will Davis was tried for perjury, and acquitted. The commonwealth appeals. Reversed.
Wm. J Hendrick, Atty. Gen., for the Commonwealth.
Appellee Will Davis, having been indicted for the offense of false swearing, and, under a peremptory instruction of the court found by verdict of the jury not guilty, the commonwealth prosecutes this appeal. The circumstances under which the alleged offense was committed are stated in the indictment substantially as follows: That upon trial in the Graves county court of the cause of the commonwealth against appellee on a warrant charging him with being father of a bastard child, he appeared as a witness on his own behalf and, being duly sworn as such, did willfully, falsely, and feloniously state and give in evidence that he never at any time had sexual intercourse with Lelia Sauyer, mother of said bastard child, whereas in truth he had, before testifying such intercourse with her. Upon trial of this case the commonwealth offered in evidence duly authenticated record of the proceeding in the bastardy case against appellee, showing the trial, verdict, and judgment of the county court. But objection was made and sustained by the lower court to said record as evidence, upon the ground that trial of the bastardy case appears therefrom to have been pending and determined September 19, 1892, whereas it is alleged in the indictment such trial was had October 1, 1892. The commonwealth then offered to prove the same facts by oral testimony, objection to which was made and sustained because record evidence thereof was the best evidence, and, as no other evidence was offered by the commonwealth, verdict of not guilty necessarily followed. To convict for false swearing under the statute it is essential to allege in the indictment and prove on trial that the false oath was taken knowingly and willfully, on a subject concerning which the party could be legally sworn, and before a person authorized to administer the oath. Com. v. Powell, 2 Metc. (Ky.) 10; Com. v. Still, 83 Ky. 275; Richey v. Com., 81 Ky. 524. These essential facts were all fully and sufficiently stated in the indictment. But it would not have been competent or available for the commonwealth to prove the alleged false oath was knowingly and willfully taken, without...
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May v. Commonwealth
... ... Dec. 605; Commonwealth v. Miller, 79 Ky ... 451; Williams v. Commonwealth, 18 S.W. 1024, 13 Ky ... Law Rep. 893; Commonwealth v. Davis, 94 Ky. 612, 23 ... S.W. 218, 15 Ky. Law Rep. 262; Stricklin v ... Commonwealth, 83 Ky. 566 ... Appellant ... also ... ...
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State v. Perry
... ... Matthews v. U.S., 161 U.S. 500 (16 S.Ct ... 640, 40 L.Ed. 786; Keator v. People, 32 Mich. 484; ... State v. Fenlason, 79 Me. 117 (8 A. 459); Com ... v. Soper, 133 Mass. 393; Dill v. People, 19 ... Colo. 469, (36 P. 229, 41 Am. St. Rep. 254.) See State v ... Lewis, 93 N.C. 581. Here the ... indictment. As directly in point, see Lucas v ... State, 27 Tex. Ct. App. 322, (11 S.W. 443); Com. v ... Davis, 94 Ky. 612 (23 S.W. 218). In State v ... Phippen, 62 Iowa 54, 17 N.W. 146, the assessor did not ... have authority to administer an oath at the ... ...
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State v. Perry
...necessary to precisely state it in the indictment. As directly in point, see Lucas v. State, 27 Tex. App. 322, 11 S. W. 443;Com. v. Davis, 94 Ky. 612, 23 S. W. 218. In State v. Phippen, 62 Iowa, 54, 17 N. W. 146, the assessor did not have authority to administer an oath at the time alleged,......
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Goslin v. Com.
...the record would prove the jurisdiction of the court to administer the oath and require the testimony in that proceeding. Commonwealth v. Davis, 94 Ky. 612, 23 S.W. 218. For errors indicated, the judgment of the circuit court is reversed, and cause remanded for proceedings not inconsistent ......