Allen v. State
Supreme Court of Georgia
Indictment in Early Superior Court Tried before Judge Kiddoo, September Term, 1856. The defendant, John H. Allen, was indicted in Early Superior Court for resisting the service of a bail process, in the hands of a constable, issued by a Justice of the Peace. Dennis McLendon, the constable resisted, testified on the part of the State, to the fact of defendant’s resisting the process ; of his having a gun, threatening to shoot, and his failure to arrest him.
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Indictment in Early Superior Court Tried before Judge Kiddoo, September Term, 1856. The defendant, John H. Allen, was indicted in Early Superior Court for resisting the service of a bail process, in the hands of a constable, issued by a Justice of the Peace. Dennis McLendon, the constable resisted, testified on the part of the State, to the fact of defendant’s resisting the process ; of his having a gun, threatening to shoot, and his failure to arrest him. And that a paper shown to him was a copy of the process which was placed in his hands to serve on defendant, and which service he had…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] If primary evidence is unattainable, secondary is admissible. This is the general rule. If this rule is to govern, in this case, the secondary evidence about the bail process, was admissible. And there is nothing to show that the rule ought not to govern in the case.
[2.] In Greenleaf on evidence, Sec. 92., Vol. 1, it is said, that “it is not in general necessary to prove the written appointments of public officers. All who are proved to have acted as such, are presumed to have been duly appointed to the office, until the contrary appears;…
2Cited by10 opinions
- Howell v. StateSupreme Court of Georgia · 1926
- Brown v. StateCourt of Appeals of Georgia · 1982
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1915
- Earl v. StateSupreme Court of Georgia · 1905
- Logan v. StateCourt of Appeals of Georgia · 1975
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