Ashburn v. State
Supreme Court of Georgia
Indictment for misdemeanor, in Bibb Superior Court. Tried before Judge Powers, September Term, 1853. The defendant, John C. Ashburn, was indicted for presiding and dealing at a faro-table.
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Indictment for misdemeanor, in Bibb Superior Court. Tried before Judge Powers, September Term, 1853. The defendant, John C. Ashburn, was indicted for presiding and dealing at a faro-table. To the indictment, the defendant pleaded, that the witnesses upon whose evidence the indictment was found, had not been legally sworn—“ they having taken, in open Court, an oath to testify concerning such matters as should be inquired of them, by the Grand Jury”; and not having been sworn, “ that the evidence they should give the Grand Jury, upon said special presentment, between the State of Georgia and…
1Opinion of the Court
By the Court.
Penning, J.
delivering the opinion.
The special plea having been admitted to be true, the question ^hrst for consideration is, was the oath, administered to the witnesses on whose statements the indictment or presentment was found, a lawful one ?
That was an oath “to testify concerning such matters as should be inquired of them by the Grand Jury”.
The suit of the State, in this case, was a proceeding under the Penal Code. It was one, therefore, to be governed by that Code. What, then, says the Code ?
Section XXII of the fourteenth division, has the following language: “ And the…
2Cited by17 opinions
- In re LesterSupreme Court of Georgia · 1886
- Switzer v. StateCourt of Appeals of Georgia · 1909
- Taylor v. StateCourt of Appeals of Georgia · 1938
- Beckman v. StateSupreme Court of Georgia · 1972
- Kirkland v. StateCourt of Appeals of Georgia · 1976
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