115 Ga. 206 | Ga. | 1902
The accused was arraigned upon an indictment charging him with the offense of perjury. He demurred to the indictment, and his demurrer was overruled. The case went to trial, and resulted in a verdict finding the accused guilty. He brings the case here upon a bill of exceptions assigning error upon the
In the preliminary trial before the justice of the peace, to determine whether the Sloans should be held to answer for the offense of arson, was the fact that the accused denied that he had made an affidavit which in effect charged that the Sloans were, within his own knowledge, guilty of the offense set forth in the warrant, material to the matter then under investigation, that is, whether the Sloans should be held to trial upon the charge of arson ? One can not he convicted of the crime of perjury unless the false testimony related to a matter material to the issue under investigation. In other words, falsely swearing to an immaterial matter is not an indictahle offense. It is not, however, essential that the fact sworn to should be material to the main issue in the case, but it is sufficient if it
The other objection raised by the demurrer to the .indictment was that it did not appear therefrom that the- oath was administered by Felker, the justice of the peace, or by any one authorized
Judgment reversed.