KIRKLAND v. STATE

52589.

140 Ga. App. 197 (1976)

230 S.E.2d 347

KIRKLAND v. THE STATE.

Court of Appeals of Georgia.

Decided October 26, 1976.


Attorney(s) appearing for the Case

Paul S. Weiner, Paul McGee, for appellant.

William H. Ison, District Attorney, Clarence L. Leathers, Jr., Assistant District Attorney, for appellee.


BELL, Chief Judge.

The defendant was convicted of perjury in violation of Code § 26-2401. The only issue raised on appeal concerns the sufficiency of the evidence. Held:

1. One of the essential elements of this offense is that "a lawful oath" be administered to defendant in a judicial proceeding. Defendant contends that this was not established by the evidence. A witness for the state testified that at defendant's prior trial for burglary, defendant...

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