Laws and Statutes
OFFICIAL CODE OF GEORGIA ANNOTATED
TITLE 16-Crimes and Offenses (Chs. 1 – 17)
CHAPTER 10-Offenses Against Public Administration (Arts. 1 – 5)
Article 1-Abuse of Government Office (§§16-10-1 to 16-10-9)
§16-10-1. Violation of oath by public officer.
Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
Annotations
Indictment of county clerk for violating the clerk’s oath as a public officer for failure to collect costs, fines, and forfeitures was sufficient to withstand defendant’s special demurrer where all of the elements of the offense of “violation of oath by public officer” were included in the indictment, and there was a clear exposition of the facts alleged as the basis for the charge set forth in the body of the indictment in such a plain manner as to be easily understood by the jury and the defendant. State v. Greene, 171 Ga. App.329, 320 S.E.2d 183, 1984 Ga. App. LEXIS 2966 (1984).
Evidence sufficient for conviction. —
Evidence supported the defendant’s conviction for violation of oath of office as the jury was authorized to find that the defendant, a police officer, obtained the victim’s tax payer identification number without authorization by using the police database with personal information in the database. Gaskins v. State, 318 Ga. App. 8, 733 S.E.2d 338, 2012Ga. App. LEXIS 838 (2012), cert. denied, No. S13C0314, 2013 Ga. LEXIS 343 (Ga. Apr.15, 2013).
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