Legal Opinion

Ruff v. State

Court of Appeals of Georgia

Decided October 15, 1915No. 6394PublishedCited by 10 opinions

Indictment for perjury; from Haralson superior court — Judge Bartlett. January 29, 1915. The exceptions are to the overruling of a demurrer to the indictment.

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Indictment for perjury; from Haralson superior court — Judge Bartlett. January 29, 1915. The exceptions are to the overruling of a demurrer to the indictment. The indictment charges M. Y. Buff with the offense of perjury, “for the said M. Y. Ruff, on the 23d day of January, in the year 1913, in the county aforesaid, did then and there unlawfully and with force of arms, wilfully, knowingly, absolutely, and falsely swear, as hereinafter set out, in a matter material to the issue and point in question in a judicial proceeding, to wit, the case of S. S. Copeland vs. M. Y. Ruff, the same being a…

1Opinion of the CourtWade, J.

1. The indictment sufficiently sets out that the court in which the alleged false testimony was given by the accused had jurisdiction to try and determine the question then at issue. It distinctly charges that the case in which the alleged false testimony was given was then on trial “in Haralson superior court; ” and the additional recital, “before his honor Price-Edwards, judge of said court,” does not negative the idea that the trial was progressing regularly before a court properly constituted and organized, with both a judge presiding and a jury impanelled. • On the contrary, the…

Also in this document: Dissent.

2Cases cited5 opinions

  1. Askew v. StateCourt of Appeals of Georgia · 1907
  2. Black v. StateCourt of Appeals of Georgia · 1913
  3. County of Walton v. County of MorganSupreme Court of Georgia · 1904
  4. County of Morgan v. County of WaltonSupreme Court of Georgia · 1905
  5. Broadwater v. StateCourt of Appeals of Georgia · 1912

3Cited by10 opinions

  1. Jones v. StateSupreme Court of Georgia · 1964
  2. Clackum v. StateCourt of Appeals of Georgia · 1936
  3. Taylor v. StateCourt of Appeals of Georgia · 1938
  4. Luttrell v. StateCourt of Appeals of Georgia · 1985
  5. Pope v. StateCourt of Appeals of Georgia · 1931

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