Pennaman v. State
Supreme Court of Georgia
Criminal Law. Perjury. Indictment. New Trial. Before Judge Tompkins. Chatham Superior Court. May Term, 1876. Pennaman was placed on trial for the offense of perjury.
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Criminal Law. Perjury. Indictment. New Trial. Before Judge Tompkins. Chatham Superior Court. May Term, 1876. Pennaman was placed on trial for the offense of perjury. The material portion of the indictment against him was as follows: “For that the said Thomas M. Pennaman * * * did, before Isaac Russell, as a justice of the peace in and for said county, in a judicial proceeding, the said Isaac Russell being then and there a judicial officer fully competent and authorized to administer a lawful oath, and when a lawful oath was to the said Thomas M. Pennaman, by the said Isaac Russell, as justice…
1Opinion of the Court
Bleckley, Judge.
1. Perjury may be assigned upon an affidavit charging an offense, and made for the purpose of procuring a warrant therefor. Such an affidavit, made for such a purpose, is the beginning of a judicial proceeding. It belongs to proceedings before arrest, and is treated of under that head in the Code, section 4714. It sets forth probable cause for a warrant, and upon it alone a warrant might issue. Enough is established to result legally in depriving the accused person, for a time, of his liberty. Treating probable cause as the issue or point in question, there can be no doubt…
2Cases cited2 opinions
- Tucker v. StateSupreme Court of Georgia · 1876
- Hembree v. StateSupreme Court of Georgia · 1874
3Cited by9 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Hill v. StateSupreme Court of Georgia · 1879
- Davis v. StateCourt of Appeals of Georgia · 1910
- Blumenthal v. StateSupreme Court of Georgia · 1904
- Williford v. StateCourt of Appeals of Georgia · 1936
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