Legal Opinion

Sistrunk v. State

Court of Appeals of Georgia

Decided May 1, 1916No. 6848PublishedCited by 6 opinions

Indictment for perjury; from Berrien superior court — Judge Thomas. July 17, 1915.

1Opinion of the CourtRussell, C. J.

1. The indictment was good as against a general demurrer, nor was it subject to the special demurrer.

(а) It is alleged in express terms that the oath administered was “a lawful oath.”

(б) While it is essential to the'validity of an indictment for perjury that the materiality of the testimony alleged to be false should be made to appear in the indictment (Broadwater v. State, 10 Ga. App. 458, 73 S. E. 691), this requiremnt is fully met when the perjury is assigned on an affidavit alleged to have been made by the accused as the basis of a dispossessory warrant, and the affidavit itself is set…

2Cases cited3 opinions

  1. Ruff v. StateCourt of Appeals of Georgia · 1915
  2. Broadwater v. StateCourt of Appeals of Georgia · 1912
  3. Salmons v. TaitSupreme Court of Georgia · 1860

3Cited by6 opinions

  1. Pruitt v. StateCourt of Appeals of Georgia · 1927
  2. Davis v. StateCourt of Appeals of Georgia · 1919
  3. Hicks v. StateCourt of Appeals of Georgia · 1942
  4. Pope v. StateCourt of Appeals of Georgia · 1931
  5. New v. StateCourt of Appeals of Georgia · 1920

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