58 Ga. 397 | Ga. | 1877
The defendant was indicted for the offense of “perjury,” and on his trial therefor, wras found guilty. A motion was made for a new trial on the various grounds therein set forth, which was overruled by the court, and the defendant excepted.
The main ground of error insisted on here, was the admission of the record of the trial of the case in the militia district court, in which the perjury was alleged to have been committed, over the objection of the defendant. The- objection to the introduction of that record was, that it did not affirmatively show upon its face that the court which tried the case of larceny, on which trial the defendant was charged with having committed tbe offense of perjury, had
By the first section of the act of 1813, the court had no ju- • risdiction to try offenses of simple larceny, when the punishment for that offense was imprisonment in the penitentiary. There are different grades of the offense of simple larceny recognized by the penal laws of this state, some of which are felonies and punishable by imprisonment in the penitentiary, and some of which are not felonies and not punished by imprisonment in the penitentiary. The militia district court in Sumter was a court of special and limited jurisdiction, limited to the trial of such offenses of simple larceny only, as are not punishable by imprisonment in the penitentiary. What is the foundation for the jurisdiction of that court as declared by the statute ? An affidavit dis
Let the judgment of the court below be reversed.