150 Ky. 47 | Ky. Ct. App. | 1912
Opinion of the Court by
Affirming.
James Euark was indicted in the Hart Circuit Court for wilfully and corruptly obstructing public justice. On the trial of the case he was found guilty as charged and. his punishment fixed at a fine of two hundred and fifty ($250.00) dollars and ten days confinement in jail. Ha appeals.
The facts of the case as shown by the evidence for the Commonwealth which were evidently believed by the jury, are in substance these:
“The grand jury of Hart County, in the name and by the authority of the Commonwealth of Kentucky, accuse James Ruark of the offense of obstructing public justice which was committed as follows, to-wit:
“Heretofore, to-wit: on the-day of September, 1911, and within twelve months before the finding of this indictment herein and in the county and Commonwealth aforesaid the said Jim Ruark did then and there unlawfully, wilfully .and corruptly obstruct public justice by soliciting, persuading and attempting to procure and influence Basil Sparks to make false and fraudulent statements as a witness in the prosecution of the Commonwealth of Kentucky against Lydia Guinn. The said Lydia Guinn being then the defendant on a warrant on the charge of unlawfully selling whiskey to Basil Sparks in Hart County, Hart County being in local option territory, which prosecution against said Lydia Guinn was' then pending to be tried before S. B. Crump, the duly elected and qualified county judge of Hart County, said Crump having jurisdiction to try said offense and swear witnesses to testify in said prosecution. The said Ruark, in order to. shield said Lydia Guinn, and prevent justice being executed, did solicit, persuade and attempt to procure the said Basil Sparks to state, when sworn as a witness in said prosecution, that the woman he purchased whiskey from was a low, heavy-set,' dark complected woman when in fact the said Lydia Guinn was a tall, slim woman. All of said acts were done by said Ruark for the purpose of obstructing justice.” *****
We, therefore, conclude that the indictment is sufficient and that the circuit court did not err in overruling defendant’s demurrer to it.
We cannot say that the verdict is against the evidence. . The jury were the judges of the credibility of the witnesses. When the defendant had testified in his own behalf as a witness the Commonwealth was properly permitted to show that his reputation for truthfulness was bad and it was not the duty of the court to admonish the jury that the evidence was only competent to dis
Judgment affirmed.