Thompson v. State
Supreme Court of Georgia
Indictment for false swearing. Before Judge Mitchell. Lowndes superior court. January 15, 1904. The indictment charged that Thompson “did wilfully, knowingly, absolutely, and falsely swear, and without laying the hand on the holy evangelist of almighty God, and before 0. L. Smith as county school commissioner of Lowndes county, said State, and to his report made in writing to said county school. commissioner of his enrollment of pupils in his school at Naylor, Georgia, in…
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Indictment for false swearing. Before Judge Mitchell. Lowndes superior court. January 15, 1904. The indictment charged that Thompson “did wilfully, knowingly, absolutely, and falsely swear, and without laying the hand on the holy evangelist of almighty God, and before 0. L. Smith as county school commissioner of Lowndes county, said State, and to his report made in writing to said county school. commissioner of his enrollment of pupils in his school at Naylor, Georgia, in said county, and for the school month beginning January 26, 1903, and ending February 20, 1903, purporting to have been…
1Opinion of the Court
Simmons, O. J.
1. In an indictment for false swearing it is not necessary to allege expressly tliat the oath was taken not in a judicial proceeding, when the facts set out in the indictment show this unequivocally.
2. Where on the trial of one accused of false swearing it appeared that he had-sworn to a report of several pages, one of such pages was not inadmissible in evidence because the accused had previously sworn to it before another attesting officer. The first oath did not affect the falsity of the second nor render the page inadmissible. Nor was it error to admit parol evidence to the…
2Cases cited6 opinions
- Ashburn v. StateSupreme Court of Georgia · 1854
- Haupt v. StateSupreme Court of Georgia · 1899
- Woody v. StateSupreme Court of Georgia · 1901
- Simmons v. StateSupreme Court of Georgia · 1848
- Hembree v. StateSupreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Yancy v. StateSupreme Court of Georgia · 1931
- Nalley v. StateCourt of Appeals of Georgia · 1912
- Travelers Insurance v. AndersonCourt of Appeals of Georgia · 1936
- Billingsley v. StateSupreme Court of Georgia · 1942
- Sirmans v. StateCourt of Appeals of Georgia · 1981