Smith v. State
Supreme Court of Georgia
Indictment for Bastardy, in Henry Superior Court. Tried before Judge Cabiness, at April adjourned Term, 1857. Noah Smith was charged, upon the affidavit of Seney F Sears, with being the father of a bastard child, of which she was delivered, about the 27th of October, 1856. A warrant was issued, which Smith superseded by appearing before the Justices of the Peace.
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Indictment for Bastardy, in Henry Superior Court. Tried before Judge Cabiness, at April adjourned Term, 1857. Noah Smith was charged, upon the affidavit of Seney F Sears, with being the father of a bastard child, of which she was delivered, about the 27th of October, 1856. A warrant was issued, which Smith superseded by appearing before the Justices of the Peace. After the usual preliminary examination, he was required by the Justices to give bond for the maintenance of the child, which he refused to do, whereupon he was bound in a bond of five hundred dollars for his appearance at the…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
Amongst other things, the Court charged the jury in this case, “that if a witness should swear wilfully and corruptly false in one particular, that would be sufficient to discredit their whole! testimony, unless supported by another witness or corroborating circumstances.”
Now, this charge may be abstractly right, but how does it stand as applied to the proof in this case ? Why, it means this, that notwithstanding Miss Sears may have perjured herself as to a most material fact, swearing as she did before the committing Magistrates, that she…
2Cited by3 opinions
- Jackson v. RodriquezCourt of Appeals of Georgia · 1984
- Jackson v. RodriquezCourt of Appeals of Georgia · 1984
- Mitchell v. StateSupreme Court of Georgia · 1888