Jones v. State
| Decision Date | 22 October 1912 |
| Docket Number | (No. 4,347.) |
| Citation | 11 Ga.App. 760,76 S.E. 72 |
| Parties | JONES. v. STATE. |
| Court | Georgia Court of Appeals |
(Syllabus by the Court.)
Both at common law, as it was interpreted in England at the time of our adopting statute, and under the statute of this state, a child of a married woman, begotten by one who is not the husband of the mother, is a bastard. While there is a strong presumption that a child born during wedlock is legitimate, this presumption is not conclusive, and will be held to have been rebutted, where the proof to the contrary is clear. Civil Code 1910, § 3026; Wright v. Hicks, 12 Ga. 156, 56 Am. Dec. 451, also 15 Ga. 161, 60 Am. Dec. 687; Sullivan v. Hugly, 32 Ga. 321; McLoud v. State, 122 Ga. 393, 50 S. E. 145.
[Ed. Note.—For other cases, see Bastards, Cent. Dig. §§ 4, 5; Dec. Dig. § 3.*]
In a prosecution for bastardy, the statute of limitations begins to run from the refusal of the putative father to give the bond and pay the expenses required by section 682 of the Penal Code of 1910.
[Ed. Note.—For other cases, see Bastards, Cent. Dig. §§ 58-60; Dec. Dig. § 37.*]
Since the common law is presumed to be of force in Florida, a child born in wedlock in that state may nevertheless be shown to be a bastard. If a bastard child be born in Florida, and its mother subsequently remove into Georgia, the putative father may be prosecuted for bastardy in the latter state. The question of the possibility of the child becoming chargeable to the county is not involved in the trial of an indictment for bastardy. Kennedy v. State, 9 Ga. App. 219, 70 S. E. 986.
[Ed. Note.—For other cases, see Bastards, Cent. Dig. §§ 80-90; Dec. Dig. § 35.*]
There was no error of law, and the evidence warranted the conviction.
Error from City Court of St. Marys; D.
5. Atkinson, Judge. Guy Jones was convicted of crime, and brings error. Affirmed.
Wilson, Bennett & Lambdin, of Waycross, for plaintiff in error.
S. C. Townsend, Sol., of St. Marys, for the State.
POTTLE, J. Judgment affirmed.
*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes
To continue reading
Request your trial
-
Harrington v. Harrington
...v. O'Day, C.C., 125 F. 303; Bullock v. Knox, 96 Ala. 195, 11 So. 339; In re Walker's Estate, 180 Cal. 478, 181 P. 792; Jones v. State, 11 Ga. App. 760, 76 S.E. 72; Wilson v. Wilson, 174 Ky. 771, 193 S.W. 7; Groulx v. Groulx, 98 N.H. 481, 103 A.2d 188, 46 A.L.R.2d 994; In re Findlay, 253 N.Y......
-
Lee v. State, 40153
...had sexual relations, the finding was authorized that her child was illegitimaste and that the defendant was its father. Jones v. State, 11 Ga.App. 760(1), 76 S.E. 72; Adams v. State, supra. Accordingly, while the defendant denied being the father of the child, the evidence was ample to sup......
-
Adams v. State, 37587
...be overcome even though the evidence shows that the mother was in fact married to another than the defendant in the case. Jones v. State, 11 Ga.App. 760(1), 76 S.E. 72. Accordingly, in the present case, where the testimony of the prosecutrix showed without contradiction that she had interco......
- Jones v. State