Phillips v. State
Phillips v. State
Opinion of the Court
The present plaintiff in error is one of tbe defendants in the indictment, which is fully described in. the case of Norton v. State, No. 1533, ante, 586 (63 S. E. 662). In addition to the points presented in that case, Phillips presents the point that he is charged with false swearing, predicated upon an oath administered by himself to himself. We think this objection is well taken. In the absence of express statutory authority, an officer can not administer an oath to himself. Baker v. Thompson, 89 Ga. 487 (15 S. E. 644). See also Shockley v. Morgan, 103 Ga. 158 (29 S. E. 694). The theory of the solicitor-general is that section 113 of the Political Code, wherein it is provided that “The managers shall take the oath before the notary public, or other officer authorized to administer oaths, but if no such officer can be conveniently had, the managers may administer the oath to each other,” is sufficient statutory authority for the administration of the oath by Phillips to himself in the present case. In Tanner v. Deen, 108 Ga. 95 (33 S. E. 832), it was held that “Where a justice of the peace and two freeholders meet for the purpose of holding and managing an election at a precinct, and all, at the same time and before entering upon the discharge of their duties, take the oath prescribed by law, and the two freeholders subscribe and the justice
Reference
- Full Case Name
- PHILLIPS v. State
- Cited By
- 2 cases
- Status
- Published