Legal Opinion

King v. State

Supreme Court of Georgia

Decided January 19, 1898PublishedCited by 16 opinions

Indictment for perjury. Before Judge Henry. Floyd superior court. July term, 1897. The plaintiff in error was indicted for perjury; and his bill of exceptions is upon the overruling of his demurrer to the indictment.

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Indictment for perjury. Before Judge Henry. Floyd superior court. July term, 1897. The plaintiff in error was indicted for perjury; and his bill of exceptions is upon the overruling of his demurrer to the indictment. The charge was, that on or about March 19, 1896, in a judicial proceeding then pending and being tided before the court and a jury in the city court of Floyd county, “at the March term; 1896, of said court, said court having jurisdiction to try the case then pending before it, said case being that of the Merchants National Bank of Nome, Georgia, against J. L. Camp, J. King and E.…

1Opinion of the CourtFish, J.

1. One ground of the demurrer to the special presentment was, that it did not charge that the accused intended to swear falsely. The presentment charged that the accused did “wilfully, knowingly, absolutely and falsely swear, in a matter material to the issue and point in question” (setting forth the alleged false testimony), and the accused “knew it was false at the time he so swore,” and the accused “did thereby commit wilful, intentional and corrupt perjury.” The word “wilful” is a part of the definition of perjury as contained in the statute. In common parlance, “ wilful ” means…

2Cases cited6 opinions

  1. State v. BixlerCourt of Appeals of Maryland · 1884
  2. State v. CorsonSupreme Judicial Court of Maine · 1871
  3. State v. MaceSupreme Judicial Court of Maine · 1884
  4. Thomas v. StateSupreme Court of Arkansas · 1888
  5. Turner v. StateCourt of Appeals of Texas · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Douglas S. Gard v. United StatesCourt of Appeals for the Ninth Circuit · 1979
  2. Carpenter v. ForsheeCourt of Appeals of Georgia · 1961
  3. Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
  4. Investment Securities Corp. v. ColeSupreme Court of Georgia · 1938
  5. Smith v. StateSupreme Court of Georgia · 1906

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