O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-3-9 (2019)

Entry into duties of office without oath

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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Any officer or deputy required by law to take and file an official oath who shall enter upon the duties of his office without first taking and filing the same in the proper office shall be guilty of a misdemeanor.

History

(Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code 1882, § 146; Penal Code 1895, § 270; Penal Code 1910, § 273; Code 1933, § 89-9901.)

Annotations

JUDICIAL DECISIONS Cited in Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932). OPINIONS OF THE ATTORNEY GENERAL Effect of deputy’s failure to take oath. - Failure of a deputy to take the required oath does not render the deputy’s acts taken under color of office to be invalid, inasmuch as notwithstanding the deficiency, the deputy is still a ‘‘de facto officer’’; the same rule applies where the deficiency is a failure to furnish bond. 1965-66 Op. Att’y Gen. No. 66-211.

Emergency squad members to be qualified as deputy sheriffs. - A police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att’y Gen. No. 69-473.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 369.

C.J.S. - 67 C.J.S., Officer and Public Employees, § 359.

Notes of Decisions
Cited in 2 cases, 1986–2007 · leading case: State v. Giangregorio, 352 S.E.2d 193 (Ga. Ct. App. 1986).
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State v. Giangregorio, 352 S.E.2d 193 (Ga. Ct. App. 1986). · cites it 4× “" Stephens explains the real harmony between the two principles by stating that it is "as between the State and the defendant" that the act is considered lawful.”
State v. West, 641 S.E.2d 289 (Ga. Ct. App. 2007). · cites it 2× “the grand jury indicted West for one count each of: making a false statement in violation of OCGA § 16-10-20; false writing in violation of OCGA § 16-10-8; false writing in violation of OCGA § 16-1Q-20; falsifying a public record by a public official in violation of OCGA §…”
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.