Stone v. State

Court of Appeals of Georgia

Stone v. State

100 S.E. 21, 24 Ga. App. 67, 1919 Ga. App. LEXIS 410

CourtCourt of Appeals of Georgia

DecidedJuly 10, 1919

Docket10598

StatusPublished

This text of 100 S.E. 21 (Stone 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.

Bluebook

Stone v. State, 100 S.E. 21, 24 Ga. App. 67, 1919 Ga. App. LEXIS 410 (Ga. Ct. App. 1919).

Pincite

Opinion

Stephens, J.

1. An accusation under Section 682 of the Penal Code, charging the offense of bastardy, which fails to allege distinctly that the defendant is the father of a bastard child, is fatally defective. A recital in the accusation that the prosecutrix had made an affidavit before a justice of the peace that the defendant was the father of a bastard child does not amount to an allegation that the defendant is the father of such child. Locke v. State, 3 Ga. 534; Hudson v. State, 104 Ga. 723 (30 S. E. 947).

2. The motion in arrest of judgment should have been sustained.

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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Stephens, J.

1. An accusation under Section 682 of the Penal Code, charging the offense of bastardy, which fails to allege distinctly that the defendant is the father of a bastard child, is fatally defective. A recital in the accusation that the prosecutrix had made an affidavit before a justice of the peace that the defendant was the father of a bastard child does not amount to an allegation that the defendant is the father of such child. Locke v. State, 3 Ga. 534; Hudson v. State, 104 Ga. 723 (30 S. E. 947).

2. The motion in arrest of judgment should have been sustained.

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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Bluebook (online)

100 S.E. 21, 24 Ga. App. 67, 1919 Ga. App. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-state-gactapp-1919.

Opinion

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