Hyden v. State
Supreme Court of Georgia
Certiorari. Bastardy. Costs. Before Judge Knight. Lumpkin Superior Court. September Term, 1869. Malinda Loggins made affidavit that Hyden was the father of her bastard child, and that it was likely to become chargeable to the county.
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Certiorari. Bastardy. Costs. Before Judge Knight. Lumpkin Superior Court. September Term, 1869. Malinda Loggins made affidavit that Hyden was the father of her bastard child, and that it was likely to become chargeable to the county. On the 9th of May, 1868, a Justice of the Peace issued a warrant against Hyden and he was arrested., At the trial, Hyden’s attorneys produced an affidavit made by her, charging the same facts, before the Judge of the County-Court of said county on the 26th of March, 1868, a warrant by said Judge, the entry of an arrest of Hyden upon it, ipid a-judgment dated…
1Opinion of the CourtMcCay, J.
1. We see nothing in the Bastardy Act which alters the nature of the proceedings had under it, from the proceedings' at other Courts of Inquiry. The judgment of the magistrate is not final, and settles .nothing as to the guilt dr innocence of the defendant. If the defendant pleases, he may give a bond to support the child, but if he declines, the judgment of the magistrate is only that he be committed, or give bond to answer, as in other cases. _ ,
2. It is unheard of, that the mere precautionary act of a magistrate, in determining that a prisoner, under arrest, shall be bound over, or be…
2Cited by14 opinions
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