Phillips v. State

The present plaintiff in error is one of tbe defendants in the indictment, which is fully described in. the case of Norton v. State, No. 1533, ante, 586 (63 S. E. 662). In addition to the points presented in that case, Phillips presents the point that he is charged with false swearing, predicated upon an oath administered by himself to himself. We think this objection is well taken. In the absence of express statutory authority, an officer can not administer an oath to himself. Baker v. Thompson, 89 Ga. 487 (15 S. E. 644). See also Shockley v. Morgan, 103 Ga. 158 (29 S. E. 694). The theory of…