Russell v. Commonwealth
Russell v. Commonwealth
Opinion of the Court
Reversing.
The appeal is from a judgment convicting appellant of false swearing and imposing a sentence of confinement in the State Reformatory for a period of two years. It is charged in the indictment that during a grand jury investigation in Rockcastle County in the month of April, 1948, appellant was called as a witness and falsely swore that he “was not at the home of James Barnes on the Saturday night before Fount Phelps was killed on the following day (Sunday).” The principal ground for reversal, and the only one it is necessary for us to consider, is that the Commonwealth failed to produce two witnesses or one witness and strong corroborating circumstances in proof of the charge. It is conceded that appellant was at the home of James Barnes at the time mentioned in the indictment. The only issue is whether, when he was testifying before the grand jury, he made the unqualified statement that he was not there.
Every essential fact to establish the guilt of one charged with false swearing must be proved beyond reasonable doubt by the testimony of at least two witnesses or one witness and strongly corroborating circumstances. Jewell et al. v. Commonwealth, 296 Ky. 718, 178 S.W.2d 415, 416, and cases therein cited. Two
The judgment is reversed with directions that appellant be granted a new trial to be conducted in conformity with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.