LATIMER, Justice.
Appellant, Roy Simpson, was found guilty of false swearing and his punishment fixed at one year's confinement in the Penitentiary.
For reversal he insists that the instructions were erroneous and prejudicial, in that (1) they authorized conviction upon evidence not proved by Commonwealth, and (2) a portion thereof was in effect an instruction to find defendant guilty.
Prior to the indictment herein, appellant was tried on the charge...
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