Hyden v. The State Of Ga.
| Decision Date | 31 December 1869 |
| Citation | 40 Ga. 476 |
| Parties | DANIEL HYDEN, plaintiff in error. v. the STATE of GEORGIA, defendant in error. |
| Court | Georgia Supreme Court |
Certiorari. Bastardy. Costs. Before Judge Knight. LumpKin Superior Court. September Term, 1869.
Malinda Loggins made affidavit that Hyden was the father of her bastard child, and that it was likely to become chargeable to the county. On the 9th of May, 1868, a Justice of the Peace issued a warrant against Hyden and he was arrested. At the trial, Hyden's attorneys produced an affidavit made by her, charging the same facts, before the Judge of the County-Court of said county on the 26th of March, 1868, a warrant by said Judge, the entry of an arrest of Hyden upon it, and a judgment dated April the 2d, 1868, declaring that Hyden was not the father of the child, and that he be discharged. They pleaded this judgment in bar of further proceedings upon the last warrant, and moved to dismiss it. The motion was overruled by the Justices of the Peace who were presiding.
Malinda Loggins, while she reluctantly admitted that others had carnal knowledge of her, about nine months before the birth of the bastard, swore that Hyden was its father, and that she had never said another person was. Besides this, there was no evidence of Hyden's intimacy with her, except that he visited the house where she once lived, and some of her family testified that Hyden admitted thatthe child was his, had a private interview with her, and gave Malinda *some money to support it, etc. The defendant showed by reputation and fact, that she long had been a common whore, that she lived, about nine months before the birth, in a house with three rooms; one occupied by a young man, another by a negro, and the other by her; and that she had said that that young man, and not Hyden, was the father of her child. Besides, many witnesses testified that they would not believe her on oath. Hyden\'s visits to the house were met by evidence that he was attending to business for the landlady, and his giving the small sums of money, etc., were met by evidence that he were a man of good character, a member of the church, very charitable, and had heard the report that he was charged with being the father, and had said interview with Malinda to stop the report.
The Justices ordered that Hyden give bond, in the sum of $750 00, for the support and maintenance of the child, or be bound to appear at the Superior Court, to answer the charge of bastardy, (or, in default of giving said last bond, be committed to jail,) and ordered that he pay immediately all the costs, and the fees of all the witnesses who had been subpoenaed and appeared, without regard to who had subpœnaed them, or whether they had been sworn and testified. Hyden's counsel sued out a certiorari to the...
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First Nat. Bank & Trust Co. in Macon v. State
...of probable cause. The decision of the committing court '. . . settles nothing as to the guilt of innocence of the defendant.' Hyden v. State, 40 Ga. 476 (1869). The latter issue can only be determined in a trial by the jury, by the court where a jury is waived, or by the court on a motion ......
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Harris v. Norris
... ... justice of the peace committing a defendant to jail to await ... the action of the grand jury (Hyden v. State, 40 Ga ... 476; Strickland v. Hamilton, 148 Ga. 820, 98 S.E ... 471; Griggs v. Macon, 154 Ga. 519, 114 S.E. 899; ... Prime v. State, 44 ... ...
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Savannah News-Press, Inc. v. Harley
...of such magistrate does not constitute a judgment in the sense that it settles the guilt or innocence of the accused. As stated in Hyden v. State, 40 Ga. 476: 'The judgment of the magistrate is not final, and settles nothing as to the guilt or innocence of the defendant', and it may not be ......
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McCalman v. State
...in the nature of a criminal proceeding. Upon the hearing in such a proceeding, the justice of the peace acts as a court of inquiry. Hyden v. State, 40 Ga. 476. Upon the hearing a court of inquiry, if the evidence, in the opinion of the officer holding such court, is sufficient to authorize ......