Roberts v. State

Court of Appeals of Georgia

Roberts v. State

19 S.E.2d 48, 66 Ga. App. 654, 1942 Ga. App. LEXIS 263

CourtCourt of Appeals of Georgia

DecidedFebruary 25, 1942

Docket29433.

StatusPublished

This text of 19 S.E.2d 48 (Roberts v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roberts v. State, 19 S.E.2d 48, 66 Ga. App. 654, 1942 Ga. App. LEXIS 263 (Ga. Ct. App. 1942).

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Opinion

Gardner, J.

The defendant was convicted in the criminal court of Eulton County of bastardy. The only issue presented is whether the venue was sufficiently established. On this point it appears from the record that the State’s attorney, in the outset, propounded to the prosecutrix the following question: “I will ask if the defendant, Price Roberts, gave bond to support the child?” Counsel for the defendant interrupted with this statement: “We admit all legal requirements with reference to 'the preliminary proceedings required in bastardy eases have been complied with, and that the defendant failed and refused to give bond after legal inquiry on the warrant sworn out by the prosecutrix and that that took place in this county February 17, 1941.” Under the Code, §§ 74-301 to 74-307, inclusive, this admission was legally sufficient to establish without further proof every element of the offense of bastardy except the paternity of the child. The jury resolved this issue against the defendant. York v. State, 68 Ga. 551.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Gardner, J.

The defendant was convicted in the criminal court of Eulton County of bastardy. The only issue presented is whether the venue was sufficiently established. On this point it appears from the record that the State’s attorney, in the outset, propounded to the prosecutrix the following question: “I will ask if the defendant, Price Roberts, gave bond to support the child?” Counsel for the defendant interrupted with this statement: “We admit all legal requirements with reference to 'the preliminary proceedings required in bastardy eases have been complied with, and that the defendant failed and refused to give bond after legal inquiry on the warrant sworn out by the prosecutrix and that that took place in this county February 17, 1941.” Under the Code, §§ 74-301 to 74-307, inclusive, this admission was legally sufficient to establish without further proof every element of the offense of bastardy except the paternity of the child. The jury resolved this issue against the defendant. York v. State, 68 Ga. 551.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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19 S.E.2d 48, 66 Ga. App. 654, 1942 Ga. App. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-gactapp-1942.

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