Smith v. State
Supreme Court of Georgia
Indictment for bastardy, from Henry county. Tried Before Judge Cabaniss, at April Term, 1858. Noab Smith, plaintiff in error, was indicted for bastardy. Upon a former trial, had at April adjourned Term, 1857, he was found guilty, and upon a writ of error to the supreme court, that court reversed the judgment of the court below and ordered a new trial. (See 23d Geo.
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Indictment for bastardy, from Henry county. Tried Before Judge Cabaniss, at April Term, 1858. Noab Smith, plaintiff in error, was indicted for bastardy. Upon a former trial, had at April adjourned Term, 1857, he was found guilty, and upon a writ of error to the supreme court, that court reversed the judgment of the court below and ordered a new trial. (See 23d Geo. Rep. 297.) Upon the case coming on again for trial, the State proposed to prove that Seney E. Sears, the mother of the bastard child was a single white woman, and counsel for the defendant objected to this proof, on the ground that…
1Opinion of the Court
By the court.
Benning, J.,
delivering the opinion.
Was the eourt below right in overruling the motion in arrest of judgment ?
There was no allegation in the indictment that the woman was a single white woman. Was the want of that allegation a fatal defect in the indictment? We think not.
[1.] The first section of the fourteenth division of the Penal Code is in these words: “ Every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct, which states the offence in the terms *22and language of this Code, or so plainly that the nature of the offence may be easily…
2Cited by4 opinions
- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- Bloodworth v. StateSupreme Court of Georgia · 1925
- Anderson v. TribbleSupreme Court of Georgia · 1881
- Mitchell v. StateSupreme Court of Georgia · 1888