Legal Opinion

Martin v. State

Supreme Court of Georgia

Decided December 11, 1906PublishedCited by 7 opinions

Accusation of bastardy. Before Judge Eve. City court of Richmond county. September l'O, 1906.. The accused was arraigned upon an accusation charging him with the offense of bastardy, and was convicted. He filed a motion in arrest of judgment, and also a motion for a new trial, each of which was overruled; and he excepted.

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Accusation of bastardy. Before Judge Eve. City court of Richmond county. September l'O, 1906.. The accused was arraigned upon an accusation charging him with the offense of bastardy, and was convicted. He filed a motion in arrest of judgment, and also a motion for a new trial, each of which was overruled; and he excepted. It appears from the record that he was arrested and brought before a justice of the peace, who, after hearing the evidence as to the paternity of the child, passed the following order: “Charles Martin having been arrested and brought before me upon a warrant pursuant to…

1Opinion of the CourtCobb, P. J.

(After stating the foregoing facte.) 1. The motion in arrest of judgment was predicated upon the ground that the accused was not called upon to give a bond in terms of the law; the order calling upon the accused to give a bond providing for a bond only for the maintenance and education of the child until it arrived at the age of fourteen years, not including the expense of the lying in of the mother. As the order of the justice of the peace calling upon the accused to give the bond does not appear upon the face of the accusation, of course the motion in arrest of judgment was properly…

2Cited by7 opinions

  1. Thomas v. StateSupreme Court of Georgia · 1907
  2. Thomason v. StateCourt of Appeals of Georgia · 1916
  3. Childers v. StateCourt of Appeals of Georgia · 1908
  4. Bowen v. StateSupreme Court of Georgia · 1935
  5. Dailey v. StateCourt of Appeals of Georgia · 1961

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