Norton v. State
Court of Appeals of Georgia
Accusation of misdemeanor, from DeKalb superior court — Judge Koan. November 16, 1908. The indictment, which was returned by the grand jury of DeKalbcounty, charged L. B. Norton, A. H. Flake, and D. P. Phillips-with the offense of false swearing, for that they, on June 4, 1908, “being then and there the managers of a primary election, held on the said 4th day of June, 1908, in and for Lithonia district in said county, for the purpose of nominating State and county officers,…
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Accusation of misdemeanor, from DeKalb superior court — Judge Koan. November 16, 1908. The indictment, which was returned by the grand jury of DeKalbcounty, charged L. B. Norton, A. H. Flake, and D. P. Phillips-with the offense of false swearing, for that they, on June 4, 1908, “being then and there the managers of a primary election, held on the said 4th day of June, 1908, in and for Lithonia district in said county, for the purpose of nominating State and county officers, members of the legislature for said county, and a congressman from the fifth congressional district of Georgia, did.:…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. Passing by the general demurrer and taking up the special points presented, we come first to the consideration of the question as to.whether the indictment is defective in that it is joint against the three defendants. While there is some authority to the contrary, the sounder view seems to be that two or more persons may be jointly indicted for perjury or false swearing. “Plainly, if two witnesses on the trial of one cause commit separate perjuries, their indictments miist be separate. But should two join in one false affidavit, in reason they could be…
2Cases cited3 opinions
- State v. WinstandleyIndiana Supreme Court · 1898
- Goodwin v. StateSupreme Court of Georgia · 1903
- United States v. EddyU.S. Circuit Court for the District of Montana · 1905
3Cited by4 opinions
- Allen v. MuskettSupreme Court of Georgia · 1966
- Norton v. StateCourt of Appeals of Georgia · 1909
- Phillips v. StateCourt of Appeals of Georgia · 1909
- Hendricks v. StateCourt of Appeals of Georgia · 1959