Garrett v. State
Court of Appeals of Georgia
Indictment for subornation of perjury; from Fulton superior court — Judge Benjamin EL Hill. January 22, 1916. The indictment charged that the accused procured Stella B. Griffin to commit the offense of perjury “in a judicial proceeding then pending in the city court of Atlanta, . . in the ease of Miss Stella B. Griffin vs. George B. Ranch, said proceeding being an action in trover, . . a lawful oath to testify the truth first having been administered to” her “by Hon. A. E.…
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Indictment for subornation of perjury; from Fulton superior court — Judge Benjamin EL Hill. January 22, 1916. The indictment charged that the accused procured Stella B. Griffin to commit the offense of perjury “in a judicial proceeding then pending in the city court of Atlanta, . . in the ease of Miss Stella B. Griffin vs. George B. Ranch, said proceeding being an action in trover, . . a lawful oath to testify the truth first having been administered to” her “by Hon. A. E. Calhoun, judge then and there presiding, said judge having legal power and authority to administer such oath in said…
1Opinion of the CourtHodges, J.
1. The crime of perjury can be committed only in a “judicial proceeding.” Penal Code, § 259. A “judicial proceeding” is a proceeding in a legally constituted court.
2. There can be no subornation of perjury where perjury is not committed.
3. The act of the General Assembly establishing the criminal court of Atlanta provides that the judge of that court may preside in the city court of Atlanta “whenever agreed upon by the judges of both courts, and for any length of time, or whenever the judge of the city court of Atlanta is disqualified;” and that the judge of the criminal court may preside in…
2Cases cited7 opinions
- Welborne v. StateSupreme Court of Georgia · 1902
- Ivey v. StateSupreme Court of Georgia · 1900
- Allen v. StateSupreme Court of Georgia · 1897
- State ex rel. Ballew v. WoodsonSupreme Court of Missouri · 1901
- Welborne v. DonaldsonSupreme Court of Georgia · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hicks v. StateCourt of Appeals of Georgia · 1942
- Plummer v. StateCourt of Appeals of Georgia · 1954
- Crow v. StateCourt of Appeals of Georgia · 1937
- Rowland v. StateCourt of Appeals of Georgia · 1928