Hembree v. State
Supreme Court of Georgia
Criminal law. Indictment. Perjury. Before Judge Knight. Milton Superior Court. August Term, 1873. George Hembree was placed on trial for the offense of perjury, upon the following indictment: “GEORGIA — Milton county: “The grand jurors, selected, chosen and sworn for the county of Milton, to-wit: * * In the name and behalf of the citizens of Georgia, charge and accuse George Hembree, of the county and state aforesaid, with the offense of perjury.
Read the full summary
Criminal law. Indictment. Perjury. Before Judge Knight. Milton Superior Court. August Term, 1873. George Hembree was placed on trial for the offense of perjury, upon the following indictment: “GEORGIA — Milton county: “The grand jurors, selected, chosen and sworn for the county of Milton, to-wit: * * In the name and behalf of the citizens of Georgia, charge and accuse George Hembree, of the county and state aforesaid, with the offense of perjury. Eor that the said George Plembree, in said county, on the 23d day of August, 1871, wickedly and maliciously intending to aggrieve one Martha Goen,…
1Opinion of the Court
McCay, Judge.
It is the settled rule that the indictment in a charge of perjury must show that the thing falsely sworn to was material to the issue on trial: 3 Greenleaf’s Evidence, 189. Under our statute, perhaps, it is sufficient if this appear from the words themselves, as set out, though there be no allegation that they were material: Code, section 4628-9. In this case were the whole of the words negatived — were it charged that all the words spoken were untrue — the words might be taken to be material (on their face) to the issue as described in the bill of indictment, for though they…
2Cited by6 opinions
- Gilmore v. StateSupreme Court of Georgia · 1903
- Pennaman v. StateSupreme Court of Georgia · 1877
- Thompson v. StateSupreme Court of Georgia · 1904
- Marion v. StateCourt of Appeals of Georgia · 1917
- Moore v. StateCourt of Appeals of Georgia · 1941
1 more not listed; retrieve them via the Exa API.