Nutt v. State

Reuben Nutt was convicted of tire offense of bastardy, and assigns error on the overruling of his motion for a new trial.

The 1st special ground of the motion for a new trial alleges that the court erred in overruling a motion for a mistrial based on the following question by the solicitor-general and answer by the prosecutrix: Q. “This child you have on the stand, is that the defendant’s child?” A. “It is.” Under the authority of Sims v. State, 16 Ga. App. 211 (2), this furnishes no cause for a mistrial or new trial.

The mother of the bastard child, while testifying as to a conversation she…