Stone v. State

Court of Appeals of Georgia

Stone v. State

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

Court of Appeals of Georgia·Decided July 10, 1919·No. 10598·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

100 S.E. 21 (Stone v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related