Legal Opinion

Ballard v. State

Court of Appeals of Georgia

Decided October 29, 1936No. 25702Published

1Opinion of the CourtMacIntyre, J.

1. Under the ruling in McCalman v. State, 121 Ga. 491 (49 S. E. 609), the indictment for bastardy in the instant case was good in form and substance, and was not subject to the demurrers.

2. “Relief from the expenses of the mother’s confinement is an exception to the general rule as stated in the Code [§ 74-9901], and the defendant in a bastardy proceeding should have the burden of proof as to such exception.” Bowen v. State, 180 Ga. 497, 499 (179 S. E. 352).

3. Where it does not appear from the record that there was any evidence, on the trial of the defendant by the justice of the peace before…

2Cases cited2 opinions

  1. McCalman v. StateSupreme Court of Georgia · 1904
  2. Bowen v. StateSupreme Court of Georgia · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API