Parsons v. State

• Decision Date: 08 April 1895
• Citation: 24 S.E. 845,97 Ga. 73
• Parties: PARSONS v. STATE.
• Court: Georgia Supreme Court

24 S.E. 845

97 Ga. 73

PARSONS v. STATE.

Supreme Court of Georgia

April 8, 1895

Syllabus by the Court.

1. Where a man was arrested on a warrant for bastardy, and brought before a magistrate, who, after a preliminary hearing, made and signed an entry upon the warrant in these words: "After hearing evidence and argument, defendant required to give bond in conformity with statute,"--this of itself, and without more, was a sufficient requirement of the accused to give bond for the maintenance and education of the child, and, if he did not thereupon give such bond, the magistrate was warranted in making out a commitment reciting that the accused had failed "to give bond as required by law for the support of the child," etc., and directing his imprisonment in jail in default of a bond for his appearance at the trial court to answer the charge of bastardy.

2. The accused in such case was bound to take notice of and act upon the requirement made of him as recited in the above-quoted entry, and upon the trial of an indictment subsequently returned against him for the offense of bastardy there was no error in refusing to allow him to prove that no such entry was made by the magistrate at the time of the commitment trial, nor in refusing to allow him to prove that, if it was in fact made, no demand was afterwards made upon him to give a bond for the support of the child, that he had no notice of the action taken by the magistrate, and that his attention was not called to the same.

3. Under the facts of this case, the charges complained of, if erroneous at all, were harmless to the accused. The evidence warranted the verdict, and the court was right in refusing to grant a new trial.

Error from criminal court of Atlanta; T. P. Westmoreland, Judge.

Robert Parsons was convicted of bastardy, and brings error. Affirmed.

C. D Maddox, for plaintiff in error.

Lewis W. Thomas, for the State.

SIMMONS C.J.

Parsons was tried in the criminal court of Atlanta upon an accusation charging him with the offense of bastardy, and was found guilty. He made a motion for a new trial, which was overruled, and he excepted.

1. The justice of the peace before whom the preliminary hearing was had made entries upon the warrant as follows: "After hearing evidence and argument, defendant required to give bond in conformity with statute. This, July 26th, 1894. Edgar H. Orr, J. P." "The defendant failing to give bond as required by law, for the support of the child, lying in etc., it is ordered that he do give bond in the sum of two hundred and fifty dollars for his appearance at the criminal court of Atlanta, to answer to the charge of bastardy, or, in default thereof, be committed to jail. This July 26th, 1894. Edgar H. Orr, J. P." These entries were introduced in evidence, and the court charged the jury that "the judgment of the magistrate used in evidence that the accused was required to give such bond, and failed to do so, is sufficient evidence on that branch...