118 Ga. 330 | Ga. | 1903
Lead Opinion
A special presentment was preferred against B. W. Thompson for false swearing, charging that, being the teacher of a public school, he, before the county school commissioner, wilfully, knowingly, absolutely, and falsely swore to a monthly report made by him for the purpose of receiving pay thereon from the public-school fund. The presentment was demurred to upon the ground that no offense was charged, for the reason that under the public-
The demurrer was overruled, and exceptions pendente lite were filed. There was only one count in the presentment, though the report consisted of three pages, each being sworn to by the accused. A verdict of guilty was found, and the motion of the accused for a new trial being overruled, he-excepted to the refusal of a new trial and to the overruling of the demurrer.
Judgment reversed.
Dissenting Opinion
dissenting. The indictment charged the accused with false swearing, in that he made oath to a report to the effect that he had taught certain named children a certain number of ■days each during a named month. What purported to be a copy of the report was attached as an exhibit to the indictment. It consisted of three pages, and a separate oath appeared to have been made to each page. The false swearing charged against the accused was in regard to the names and number of days they had been taught as appeared on the first two pages .of the report. While the third page of the report is attached as an exhibit to the indictment, it was not charged that any portion of that page was false. The variance between the evidence and the indictment related to the names of children contained on the third page of the report. The evidence fully substantiated the charges of falseness in the sworn report; and the variance referred to, not being as to a matter about which the indictment charged that the accused swore falsely, I do not think it warrants a ruling that the verdict was without evidence to support it.