O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
A 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.)
Annotations
JUDICIAL DECISIONS 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).
RESEARCH REFERENCES Am. Jur. 2d. - 60A Am. Jur. 2d, Perjury, § 107 et seq.
C.J.S. - 70 C.J.S., Perjury, § 11 et seq. ALR. - 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.
Notes of Decisions
Cited in
5
cases, 1992–2018 · leading case:
Lowe v. State, 416 S.E.2d 750 (Ga. Ct. App. 1992).
Lowe v. State, 416 S.E.2d 750 (Ga. Ct. App. 1992).
· cites it 8× “Based on the application a warrant was issued to search Lowe's jail cell for "papers and documents containing the handwriting of the [defendant]," and alleging that the papers and documents were in violation of OCGA § 16-8-41 (armed robbery) and OCGA § 16-10-72 (subornation of…”
Hill v. State, 729 S.E.2d 1 (Ga. Ct. App. 2012).
· cites it 2× “Charles Elliott Hill was indicted on two counts of violating the Georgia Racketeer Influenced and Corrupt Organizations Act (“RICO”) (OCGA§ 16-14-4 (b), (c)), four counts of subornation of false swearing (OCGA § 16-10-72), and one count of attempt to commit subornation of false…”
in the Matter of Larry Bush Hill, 302 Ga. 871 (Ga. 2018).
· cites it 2× “In his petition, Hill, who was admitted to the Bar in 1994, admits that in September 2017 he entered a guilty plea in the Superior Court of Walker County, Georgia, to one count of influencing a witness in violation of OCGA § 16-10-93 (a) and one count of criminal attempt to…”
In re Hill, 809 S.E.2d 793 (Ga. 2018).
· cites it 2× “In his petition, Hill, who was admitted to the Bar in 1994, admits that in September 2017 he entered a guilty plea in the Superior Court of Walker County, Georgia, to one count of influencing a witness in violation of OCGA § 16-10-93 (a) and one count of criminal attempt to…”
Charles Hill v. State (Ga. Ct. App. 2012).
· cites it 2× “Charles Elliott Hill was indicted on two counts of violating the Georgia Racketeer Influenced and Corrupt Organizations Act (“RICO”) (OCGA § 16-14-4 (b), (c)), four counts of subornation of false swearing (OCGA § 16-10-72), and one count of attempt to commit subornation of false…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.