Thomas v. State
Supreme Court of Georgia
Criminal Law. Before Judge Roney. Burke Superior Court. November Term, 1882. Thomas was indicted for perjury. The indictment charged that defendant, in the course of a judicial proceeding in the superior court, to-wit: the trial of an issue formed on a distress warrant in the case of John D. Munnerlyn, trustee, vs. Ered Thomas, knowingly, absolutely and falsely swore that said Ered Thomas had never signed or made his mark to a certain paper (setting out a promise to pay…
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Criminal Law. Before Judge Roney. Burke Superior Court. November Term, 1882. Thomas was indicted for perjury. The indictment charged that defendant, in the course of a judicial proceeding in the superior court, to-wit: the trial of an issue formed on a distress warrant in the case of John D. Munnerlyn, trustee, vs. Ered Thomas, knowingly, absolutely and falsely swore that said Ered Thomas had never signed or made his mark to a certain paper (setting out a promise to pay certain rent in cotton to John D. Munnerlyn), it being a material matter in the case. On the trial, defendant was convicted.…
1Opinion of the Court
Blandeord, Justice.
The plaintiff in error was indicted and convicted of the crime of perj ury, moved the court for a new trial on several grounds, which was refused by the court, this refusal was excepted to, and error is assigned thereon.
The charge of the court in this case is not as full and favorable to the plaintiff in error as the law requires, and he was entitled to. Under the law, in this case, the court should have instructed the jury that if defendant did testify to a fact which was not true, yet if he believed it to be true at the time, he was not guilty. In cases of this kind, the…
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