Shiver v. State
Supreme Court of Georgia
Indictment for Bastardy, &c. in Worth Superior Couit. Tried before Judge Powers, April Term, 1857. This was an Indictment against Fleming Shiver, for Bastardy, and refusal to give bond and security for the maintenance and education of the child as required by law. Upon the trial, the State first offered in evidence, the warrant issued for defendant’s arrest, with the orders and entries thereon by the Justice, before whom prisoner was brought.
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Indictment for Bastardy, &c. in Worth Superior Couit. Tried before Judge Powers, April Term, 1857. This was an Indictment against Fleming Shiver, for Bastardy, and refusal to give bond and security for the maintenance and education of the child as required by law. Upon the trial, the State first offered in evidence, the warrant issued for defendant’s arrest, with the orders and entries thereon by the Justice, before whom prisoner was brought. Defendant’s counsel objected to their introduction. The Court overruled the objection, and let in the warrant and the entries endorsed thereon, as…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
There are a number of exceptions in this case, but only two of them were insisted upon in this Court, viz: The ex-*234ceptiorx to the refusal of the Court to accept the defendant’s bond offered during the trial; and the exception to the sen-fence.
(l.) And we think that neither of these is good.
As to the first of them. If Shiver was the' father of the child, the offence was complete when he refused to give the. bond to the examining Justice of the Peace. 10th div. 26th, sec. Penal Code. Walker vs. State, 5. Ga. 491.
And it is a general rule, that for…
2Cited by3 opinions
- Childers v. StateCourt of Appeals of Georgia · 1908
- York v. StateSupreme Court of Georgia · 1882
- Files v. StateCourt of Criminal Appeals of Oklahoma · 1913