MOREMEN, Judge.
Appellant, Glen Whitaker, was convicted of the offense of false swearing (KRS 432.170) and sentenced to one year's confinement in the penitentiary. He requested immediate judgment following his trial and waived right to file motion and grounds for a new trial. No bill of exceptions is in the record although a transcript of the entire record has been filed. In the absence of a bill of exceptions, the only question before the court is whether
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