Legal Opinion

McCord v. State

Supreme Court of Georgia

Decided October 28, 1889PublishedCited by 17 opinions

Criminal law. Perjury.. Evidence. Witness. Charge of court. Presumptions. Sanity. Prisoner’s statement. Before Judge Richard H. Clark. Pulton superior court. March term, 1889. The defendant excepted to the overruling of his motion for a new trial on the following among other grounds : (2) The court charged: “The defendant is to be tried upon what he is alleged to have sworn.

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Criminal law. Perjury.. Evidence. Witness. Charge of court. Presumptions. Sanity. Prisoner’s statement. Before Judge Richard H. Clark. Pulton superior court. March term, 1889. The defendant excepted to the overruling of his motion for a new trial on the following among other grounds : (2) The court charged: “The defendant is to be tried upon what he is alleged to have sworn. As to whether he was in the alley-way or not, if there is testimony to the effect that he was not -in the alley— could not have been in the alley, and if you should believe that testimony, that is simply a circumstance…

1Opinion of the Court

Bleckley, Chief Justice.

McCord was found guilty of perjury, and moved for a new trial, which was refused. The imputed perjury was committed by him (if at all) when testifying as a. witness in behalf of Eddleman on Eddleman’s trial for-the murder of Gresham. The alleged false matter testified to was, substantially, that he (McCord) was in ascertain alley, and saw a large man (Gresham) striking-with a knife at Eddleman, Eddleman backing and. Gresham advancing; and that the former shot the latter-when they were only a few feet apart. The homicide' took place in May, and Eddleman was tried in…

2Cases cited5 opinions

  1. People v. DoyellCalifornia Supreme Court · 1874
  2. Robb v. Hackley & WeltonNew York Supreme Court · 1840
  3. Craig v. CraigSupreme Court of Pennsylvania · 1835
  4. State v. VincentSupreme Court of Iowa · 1868
  5. State v. . ParishSupreme Court of North Carolina · 1878

3Cited by17 opinions

  1. Woodard v. StateSupreme Court of Georgia · 1998
  2. Tucker v. StateSupreme Court of Georgia · 1979
  3. McBride v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1906
  4. Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
  5. Crawford v. StateCourt of Appeals of Georgia · 1976

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