Indictment need not allege materiality or intent to influence or mislead.

- Indictment need not allege that affidavit was material, nor that it was made for purpose of influencing or misleading anyone or under circumstances that would influence or mislead anyone. Gammage v. State, 119 Ga. 380, 46 S.E. 409 (1904).

Motive not an element.

- Although motive is not an element of false swearing, where evidence of motive was relevant to an issue in the case, it was not rendered inadmissible merely by the fact that it incidentally placed the defendant's character in issue. Mulkey v. State, 237 Ga. App. 880, 517 S.E.2d 362 (1999).

There is no civil cause of action for damages for perjury or conspiracy to commit perjury. Sun v. Bush, 179 Ga. App. 140, 345 S.E.2d 873 (1986).

Private cause of action recognized for false swearing.

- Although no statute contained an express provision for a civil remedy for the crime of false swearing, case law held that O.C.G.A. § 51-1-6 provided a civil remedy. However, summary judgment was not warranted in favor of either the creditor or the debtor on the creditor's nondischargeability claims because there was an issue of fact as to whether the debtor knowingly and willfully signed a false affidavit. Thomas Concrete of Ga., Inc. v. Osbourne (In re Osbourne), Bankr. (Bankr. N.D. Ga. Aug. 24, 2017).

Conviction of contractor for making false affidavit regarding contractor's work.

- Contractor can be convicted under former Code 1933, § 26-2402 (see now O.C.G.A. § 16-10-71) if the contractor signs an affidavit referring to the contractor's construction work and swears that all labor, services and material have been fully and completely paid for. Carl E. Jones Dev., Inc. v. Wilson, 149 Ga. App. 679, 255 S.E.2d 135 (1979).

False statements in an application for a county-appointed attorney were not given as evidence in a judicial proceeding even though those statements were undeniably ancillary to a judicial proceeding. Carter v. State, 237 Ga. App. 703, 516 S.E.2d 556 (1999).

Declaration of candidacy for political office.

- In a case in which defendant appealed a conviction for false swearing, in violation of O.C.G.A. § 16-10-71(a), challenging the sufficiency of the evidence, the state failed to prove that defendant had the requisite criminal intent to support the conviction when defendant signed a declaration of candidacy for county commissioner as set forth in O.C.G.A. §§ 21-2-132 and21-2-153. Pursuant to O.C.G.A. § 17-7-95(c), a judgment imposing a sentence following a plea of nolo contendere was considered a conviction for some purposes; however, such a conviction did not disqualify defendant from holding public office or otherwise deprive defendant of any civil or political rights, and there was no evidence that defendant intended to deceive the election board or the voters as defendant believed that the 1986 nolo contendere conviction to a charge of aggravated assault was generally known in the county. Spillers v. State, 299 Ga. App. 854, 683 S.E.2d 903 (2009).

False deposition testimony.

- Poultry grower's giving of false testimony in a deposition involved the illegal act of false swearing. Blockum v. Fieldale Farms Corp., 275 Ga. 798, 573 S.E.2d 36 (2002).

False affidavits sufficient to support conviction for false swearing even though no oath administered.

- Although no one administered an oath to the defendant prior to the defendant's execution of affidavits at a real estate closing, the affidavits recited that the defendant was duly sworn and that the defendant "on oath deposes and says" the facts stated in the affidavit. The false affidavits were therefore sufficient to support the defendant's conviction for false swearing under O.C.G.A. § 16-10-71(a). Finch v. State, 326 Ga. App. 141, 756 S.E.2d 265 (2014).

Merger of convictions.

- Defendant's convictions for false swearing under O.C.G.A. § 16-10-71, proven by evidence that defendant made false statements in an affidavit seeking an involuntary commitment order for the victim, and malicious confinement under O.C.G.A. § 16-5-43, supported by proof apart from the execution of the false affidavit, did not merge as a matter of fact. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).

Charge barred by statute of limitations.

- Trial court did not err by granting the defendant's motion for a plea in bar dismissing the charges of conversion of sales and use taxes, theft by taking, and false swearing against the defendant because the charges were not brought within four years of the dates on which the crimes were allegedly committed as required by O.C.G.A. § 17-3-1. State v. Crowder, 338 Ga. App. 642, 791 S.E.2d 423 (2016).

Sentence affirmed because the offense constituted a felony.

- Defendant was not entitled to relief from defendant's sentence for false swearing, in violation of O.C.G.A. § 21-2-565, because the rule of lenity did not apply in that there was no uncertainty as to the applicable sentence for the crime, and the imposition of a five-year sentence was appropriate and within the sentencing range, under O.C.G.A. § 16-10-71, for the offense, which constituted a felony under O.C.G.A. § 16-1-3. Hogan v. State, 316 Ga. App. 708, 730 S.E.2d 178 (2012).

Cited in Roberts v. State, 137 Ga. App. 208, 223 S.E.2d 208 (1976); Smith v. State, 148 Ga. App. 634, 252 S.E.2d 62 (1979); Ramsey v. Powell, 244 Ga. 745, 262 S.E.2d 61 (1979); Farmer v. Dillard, 171 Ga. App. 321, 319 S.E.2d 515 (1984); Holland v. State, 172 Ga. App. 444, 323 S.E.2d 632 (1984); Benbow v. Wiggin, 173 Ga. App. 336, 326 S.E.2d 538 (1985); State v. Kindberg, 211 Ga. App. 117, 438 S.E.2d 116 (1993).

It must be alleged and proved that lawful oath or affirmation was administered to accused.

- In prosecution for false swearing, it must be both alleged and proved that a lawful oath or affirmation had been administered to accused. Where the indictment fails to comply with this requirement, and defect is specifically pointed out, court commits error in overruling demurrer to indictment. Booth v. State, 43 Ga. App. 279, 158 S.E. 612 (1931).

Oaths to affidavits ordinarily are not required to be administered with any particular ceremony, but affiant must perform some corporal act before officer whereby the affiant consciously takes personally the obligation of an oath; but it is not essential that the affiant raise a hand. Brooks v. State, 63 Ga. App. 575, 11 S.E.2d 688 (1940).

Affiant need not hold up hand and swear, in order to render act an oath; if both affiant and officer understand that what is done is all that is necessary to complete act of swearing, his act is an oath in legal contemplation. Brooks v. State, 63 Ga. App. 575, 11 S.E.2d 688 (1940).

Act of officer and of affiant must be concurrent, and must conclusively indicate that it was purpose of one to administer and of other to take oath, in order to make an affidavit valid. Brooks v. State, 63 Ga. App. 575, 11 S.E.2d 688 (1940).

Knowledge by officer administering oath that it is false will not invalidate it, so as to prevent prosecution under former Penal Code 1895, § 258 (see now O.C.G.A. § 16-10-71). Thompson v. State, 120 Ga. 132, 47 S.E. 577 (1904).

One accused of crime cannot administer oath to oneself regarding matters involved in prosecution. Phillips v. State, 5 Ga. App. 597, 63 S.E. 667 (1909).

Oath on which this offense may be predicated may be a promissory oath. Norton v. State, 5 Ga. App. 586, 63 S.E. 662 (1909).

Am. Jur. 2d.

- 60A Am. Jur. 2d, Perjury, § 2.

C.J.S.

- 70 C.J.S., Perjury, §§ 1, 3, 10, 13 et seq., 27, 44 et seq.

ALR.

- Assignment of perjury on affidavit for continuance, 1 A.L.R. 1138.

Fraud or perjury as to physical condition resulting from injury as ground for relief from or injunction against a judgment for personal injuries, 16 A.L.R. 397.

Perjury as predicated upon statements upon application for marriage license, 101 A.L.R. 1263.

Criminal offense of perjury as affected by fact that affidavit or statement under oath upon which charge of perjury was predicated was requirement not of statute, but of boards or officials in administration of statute, 108 A.L.R. 1240.

Corroboration by circumstantial evidence of testimony of single witness in prosecution for perjury, 111 A.L.R. 825.

Former jeopardy as regards successive prosecutions for perjury charged to have been committed in the same action or proceeding, 120 A.L.R. 1171.

Imputation of perjury or false swearing as actionable per se, 38 A.L.R.2d 161.

Perjury or false swearing as contempt, 89 A.L.R.2d 1258.

Civil liability of witness falsely attesting signature to document, 96 A.L.R.2d 1346.

Invalidity of statute or ordinance giving rise to proceeding in which false testimony was received as defense to prosecution for perjury, 34 A.L.R.3d 413.

Offense of perjury as affected by lack of jurisdiction by court or governmental body before which false testimony was given, 36 A.L.R.3d 1038.

Perjury conviction as affected by notary's nonobservance of formalities for administration of oath to affiant, 80 A.L.R.3d 278.

What amounts to habitual intemperance, drunkenness, excessive drug use, and the like within statute relating to substantive grounds for divorce, 101 ALR6th 455.