Court of Appeals of Kentucky.
MILLER v. COMMONWEALTH.
Jan. 27, 1905.
ACTION: Affirmed.
Appeal from Circuit Court, Knox County. "Not to be officially reported." W. T. Miller appeals from a conviction. PAYNTER, J. The appellant was indicted for false swearing averred to have been committed while giving his testimony before the grand jury of Knox county in relation to a matter then under investigation by it. It is claimed that the appellant swore falsely when he testified that certain parties were not engaged in gambling on a certain night at a certain place in Barboursville. Two witnesses were introduced by the commonwealth, whose testimony strongly tends to show that the parties named were engaged in a game on the occasion in question in the presence of the appellant. Counsel for the appellant devoted most of his brief to show that these witnesses did not agree with each other as to collateral facts and as to what they saw with reference to the game. The court has repeatedly held that it is the province of the jury to pass upon such questions. It has also held that, if there is any testimony tending to show the guilt of the accused, it will not reverse a case for the lack of evidence. It is suggested that the Commonwealth's Attorney was guilty of improper conduct in his argument to the jury. The transcript fails to show what conduct of the Commonwealth's Attorney is complained of; hence that question is not here for review. Perceiving no error in the record, the judgment is affirmed.

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