113 Ky. 652 | Ky. Ct. App. | 1902
Opinion of tiie court by
Reversing.
Appellant ivas indicted for false swearing, for testifying as follows: “The. beer that Binford TTonry, 'Dick Henry, and Judge Jones were drinking was not furnished by him; that the beer they drank was brought there by Binford Henry on that evening, and Binford’Henry got him to cool it; that they only drank 1he beer that Binford Henry brought there that evening to be cooled, and that it was not sold or furnished by him.” He was found guilty, and his punishment fixed at three years in the penitentiary.
It is earnestly insisted that there was not sufficient, evidence to take the case to the jury. Under the modern rule, it is sufficient either that there are two witnesses, o," that the testimony of the one witness is corroborated or sustained by other facts appearing in the case or testified to by other witnesses.’ The additional evidence need not be such as alone would justify a conviction in a case where the testimony of a single witness would suffice' for that purpose. 1 Greenl. Ev., section 257; 2 Bish. Cr. Prac., section 927. In view of all the facts in the case, we think there is sufficient evidence to justify the submission of the case to the jury.
The only defense made by the prisoner was in effect 1lmt he did not remember what he had testified to on the trial referred to; that he was at that time full of cocaine and whisky, and was drunk, so as not to know what occurred. He showed that he had the cocaine, and, if his statements are corred, had taken so much of it that only a person who was habituated to it would have survived. He also proved by several witnesses that, he acted like he was about half drunk, seemed to be in a kind of stupor, sat nodding, and.
Judgment reversed, and cause remanded with directions to grant appellant a new trial, and for further proceedings consistent herewith.