198 Ky. 226 | Ky. Ct. App. | 1923
Opinion of the Court by
Affirming.
This is an appeal by Roy Busb from a judgment of conviction for the crime of having carnal knowledge of a girl under the age of sixteen years, his punishment being fixed at confinement in the state penitentiary for a term of ten years.
Appellant Bush is a man past forty. The evidence for the Commonwealth shows- that the.prosecuting witness, Florence E. Perry, was only about fifteen years of age at the time of the trial. Florence lived with her mother in Indiana. Appellant Bush was a farm hand in the employment of Mrs. Perry. They were all residents of Indiana. The evidence tends to prove that while appellant was in the employ of Mrs. Perry they became
He filed motion and grounds for new trial in.which he set forth the following alleged errors: (1) The court erred in the admission of incompetent evidence; (2) all of the evidence against this appellant was incompetent inasmuch as it was not sworn testimony or given under oath administered by one authorized to administer an oath; (3) the verdict is the result of passion and prejudice and not supported by the evidence; (4) error in the instructions.
In his brief..appellant abandons all said grounds except the one based upon the assertion that the witnesses were not sworn by a person having authority to administer an oath.-to witnesses in court. It is the contention, of appellant that none of the witnesses for the Commonwealth,were sworn or at least none of them was
In discussing the question of who may administer an oath in open court, 20 R. C. L., p. 505, says: “It is fundamental that every court has inherent power to do all things that are reasonably necessary for the administration of justice within the scope of its jurisdiction. Therefore, it is not necessary that there should be a statute empowering courts to administer oaths in the trial of cases. The power is implied in the jurisdiction to try cases and to receive the testimony of witnesses under oath. The judge himself may administer oath, or he may direct anyone in his presence in open court to administer it and the oath will be valid. State v. Townley, 67 Ohio State 21; 93 Am. St. Reports 636 and notes. Inasmuch as an oath derives its sanction and validity from the circumstance that it is duly administered in open court, with the approval and under the control of the judge presiding, it is not necessary that the person who thus administers it should be a legally appointed officer of the court.” Hord v. Com., 4 Leigh (Va.) 674.
Applying this general rule it would seem that notaries public or any other person authorized to admisinter oaths may under the direction of the trial judge administer the oath to the witnesses for the Commonwealth. Even aside from this rule, it appears that our statutory and Code provisions are sufficient, when read together, to
There was sufficient evidence to carry the case to the jury and to support the verdict. While there was much incompetent and irrelevant evidence introduced upon the hearing, it was largely if not entirely called forth by counsel for appellant, or was introduced without objection from him.
There appearing no substantial reason for a reversal of the judgment, it is affirmed.
Judgment affirmed.