Court of Appeals of Kentucky October 9, 1959 (Gibson v. Commonwealth)

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.