Georgia Court of Appeals, 1919

Stone v. State

Stone v. State
Georgia Court of Appeals · Decided July 10, 1919 · Stephens
24 Ga. App. 67; 100 S.E. 21; 1919 Ga. App. LEXIS 410

Stone v. State

Opinion of the Court

Stephens, J.

1. An accusation under Section 682 of the Penal Code, charging the offense of bastardy, which fails to allege distinctly that the defendant is the father of a bastard child, is fatally defective. A recital in the accusation that the prosecutrix had made an affidavit before a justice of the peace that the defendant was the father of a bastard child does not amount to an allegation that the defendant is the father of such child. Locke v. State, 3 Ga. 534; Hudson v. State, 104 Ga. 723 (30 S. E. 947).

2. The motion in arrest of judgment should have been sustained.

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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