Broadwater v. State

Exception is taken to a judgment overruling a demurrer to a presentment for the offense of perjury. Without insisting too strongly upon the maxim that “Demurrer, being a critic, must itself be free from imperfections” (Douglas, Augusta & Gulf Ry. Co. v. Swindle, 2 Ga. App. 550, 556, 59 S. E. 600), which in the present ease might be applied to at least one of the grounds of the special demurrer, we have fully considered-each of the objections sought to be presented.

1. It is insisted, in the first place, that the alleged lawful oath is not set out in the body of the indictment, and that the…