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HOLLAND v. COMMONWEALTH

479 S.W.2d 903 (1972)

William (Bill) HOLLAND, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

April 28, 1972.

Attorney(s) appearing for the Case

A. E. Cornett, Hyden, for appellant.

Ed W. Hancock, Atty. Gen., Kenneth A. Howe, Jr., Asst. Atty. Gen., Frankfort, for appellee.

STEINFELD, Chief Justice.

Appellant William (Bill) Holland was convicted of the offense of false swearing and was sentenced to a term of one year in the penitentiary. Claiming that the trial court erred in overruling his motion to dismiss the indictment and in failing to grant him a directed verdict of dismissal, Holland appeals. We reverse.

On April 8, 1968, Holland was in charge of a tavern at which Vernon Smith was killed by gunshot. The following day,...

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