Keith v. State
Supreme Court of Georgia
Peace warrant, from Whitfield county. Decision by Judge Trippe, at October Term, 1858. Upon the affidavit of Patrick C. McOvven, a peace war- ■ rant issued against the plaintiff in error, William J. Keith, and he was recognized to keep the peace, and to appear at the next Term of the Superior Court of Whitfield county.
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Peace warrant, from Whitfield county. Decision by Judge Trippe, at October Term, 1858. Upon the affidavit of Patrick C. McOvven, a peace war- ■ rant issued against the plaintiff in error, William J. Keith, and he was recognized to keep the peace, and to appear at the next Term of the Superior Court of Whitfield county. At the Term of the Court to which said proceedings were returnable, counsel for defendant moved that he be discharged without cost, there being no return made of any evidence by the justice, except the 'affidavit upon which the warrant issued. The Court discharged defendant,…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
The law makes it the duty of the Judge of an Inferior Court, or Justice of the Peace, by whom a bond and security of the peace are taken, to make a return of the bond, together with the affidavit and other evidence on which the bond was taken, to the next Term of the Superior, Inferior, or City Court, which may first thereafter hold their sittings, and if, on taking the case into consideration, and examining the evidence presented, the Judge shall be of opinion there was no sufficient ground for requiring the bond, he is required to cause the…
2Cited by4 opinions
- Levar v. StateSupreme Court of Georgia · 1897
- Commonwealth v. GiaccioSuperior Court of Pennsylvania · 1963
- Dukes v. DukesCourt of Appeals of Georgia · 1969
- Commonwealth v. GiaccioSuperior Court of Pennsylvania · 1963