Supreme Court of Georgia, 1878

Sewell v. State

Supreme Court of Georgia · Decided August 15, 1878 · Bleckley

61 Ga. 496

Cases that cite this one

7 later published cases cite this decision.

Godwin v. Gibson's Products Co. of Albany, Inc. (Ga. Ct. App. 1970)
Williford v. State (Ga. Ct. App. 1936)
Dancik v. Rappold (City of New York Municipal Court 1919)
Michael v. Bacon (Ga. Ct. App. 1908)
Page v. Citizens Banking Co. (Ga. 1900)
Joiner v. Ocean Steamship Co. (Ga. 1890)
Melson v. Dickson (Ga. 1879)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Bleckley, Justice.

The Code, in §4524, defines the offense for which *497Sewell was tried and convicted, thus: “Forcible entry is the violently taking possession of lands and tenements with menaces, force and arms, and without authority of law.” The record shows that Sewell proceeded, under the provisions of the Code (§4077 et seq.,) to remove his tenant for holding over after the alleged expiration of his term. Affidavit was made in terms of the law, a warrant was duly issued, and a lawful officer executed the same by expelling the tenant, and delivering possession to Sewell, the landlord. It seems that the ground of the conviction was, that the affidavit was corruptly false in alleging that the term had expired. Grant that it was, the indictment and conviction should have been for perjury, not for a forcible entry. The entry was not with “ menaces, force and arms, and without authority of law,” but with lawful warrant, executed in a lawful way by a lawful officer.

Judgment reversed.

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