Buice v. State

1. A justice of the peace has no authority to perform any of the functions of his office elsewhere than within the limits of his own county, and an affidavit sworn to and subscribed before a justice of the peace outside the limits of his own county is illegal and void. Hutchins v. State, 8 Ga. App. 409 (69 S. E. 309).

2. An illegal affidavit cannot form the basis of a bastardy prosecution. Jackson v. State, 34 Ga. App. 519, 521 (130 S. E. 360); Scroggins v. State, 55 Ga. 380 (1); Britt v. Davis, 130 Ga. 74 (60 S. E. 180).

3. Where, upon the trial of one charged with the offense of bastardy, it…