Legal Opinion

Jones v. State

Court of Appeals of Georgia

Decided October 22, 1912No. 4357PublishedCited by 9 opinions

Accusation of bastardy; from city court of Saint Marys — Judge Atkinson. June 22, 1912.

1Opinion of the CourtPottle, J.

1. Both, at common law, as it was interpreted in England at the time of our adopting statute, and under the statute of this State, a child of a married woman, begotten by one who is not the husband of the mother, is a bastard. While there is a strong presumption that a child born during wedlock is legitimate, this presumption is not conclusive, and will be held to have been rebutted, where the proof to the contrary is clear. Civil Code (1910), § 3026; Wright v. Hicks, 12 Ga. 156 (56 Am. Dec. 161), also 15 Ga. 161; Sullivan v. Hugly, 32 Ga. 321; McLoud v. State, 122 Ga. 393 (50 S. E. 145).

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2Cases cited3 opinions

  1. Kennedy v. StateCourt of Appeals of Georgia · 1911
  2. Sullivan v. HuglySupreme Court of Georgia · 1861
  3. McLoud v. StateSupreme Court of Georgia · 1905

3Cited by9 opinions

  1. State v. ColitonNorth Dakota Supreme Court · 1945
  2. Harrington v. HarringtonDistrict of Columbia Court of Appeals · 1958
  3. Colson v. HuberCourt of Appeals of Georgia · 1946
  4. Ellis v. WoodsSupreme Court of Georgia · 1958
  5. Jones v. StateCourt of Appeals of Georgia · 1953

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