CULLEN, Commissioner.
Clawson Gibson, Jr., was tried under an indictment the accusatory portion of which charged the offense of "perjury," and the descriptive portion of which set forth the elements of that offense. However, the court in its instructions authorized imposition of a punishment of one to five years' imprisonment in the penitentiary, which is the punishment prescribed by KRS 432.170 for the statutory offense of "false swearing," and the jury returned...
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