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Call Now: 904-383-7448A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than ten years, or both.
(Laws 1833, Cobb's 1851 Digest, p. 804; Code 1863, §§ 4359, 4360; Code 1868, §§ 4397, 4398; Code 1873, §§ 4464, 4465; Code 1882, §§ 4464, 4465; Penal Code 1895, §§ 260, 261; Penal Code 1910, §§ 263, 264; Code 1933, §§ 26-4005, 26-4006; Code 1933, § 26-2403, enacted by Ga. L. 1968, p. 1249, § 1.)
There can be no subornation of perjury when perjury is not committed. Hicks v. State, 67 Ga. App. 475, 21 S.E.2d 113 (1942).
Mere attempt to induce another to swear falsely regarding a given matter is insufficient, in and of itself, to establish offense under former Code 1873, § 4464 (see now O.C.G.A. § 16-10-72). Nicholson v. State, 97 Ga. 672, 25 S.E. 360 (1896).
Cited in Hill v. State, 315 Ga. App. 833, 729 S.E.2d 1 (2012).
- 60A Am. Jur. 2d, Perjury, § 107 et seq.
- 70 C.J.S., Perjury, § 11 et seq.
- Civil liability of witness falsely attesting signature to document, 96 A.L.R.2d 1346.
Actionability of conspiracy to give or to procure false testimony or other evidence, 31 A.L.R.3d 1423.
Admissibility in criminal case, on issue of defendant's guilt, of evidence that third person has attempted to influence a witness not to testify or to testify falsely, 79 A.L.R.3d 1156.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2018-01-29
Citation: 302 Ga. 871, 809 S.E.2d 793
Snippet: attempt to suborn perjury in violation of OCGA § 16-10-72. As both offenses are felonies, Hill’s convictions