GA 17-8-52 - GA 17-8-52

JUDICIAL DECISIONS District attorney may administer the oath under court direction. Thomas v. State, 67 Ga. 460 (1881). Materially different oath cannot be basis for perjury prosecution. - When it is affirmatively shown that the oath administered to a witness was materially different in both form and substance than the prescribed statutory oath, the administered oath was not a lawful one and cannot properly be the basis for a perjury prosecution. Kirkland v. State, 140 Ga. App. 197 , 230 S.E.2d 347 (1976). Oath not materially different. - Oath given to arresting officer indicating the defendant's name, the crimes charged, and the fact that the testimony was being given in a trial and not a grand jury proceeding was not materially different in both form and substance from the prescribed sta...