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BUICE v. STATE

35739.

92 Ga. App. 260 (1955)

88 S.E.2d 322

BUICE v. THE STATE.

Court of Appeals of Georgia.

Decided June 17, 1955.

Attorney(s) appearing for the Case

Haas, Holland & Blackshear, Jack H. Zinkow, for plaintiff in error.

Richard Bell, Solicitor, contra.

CARLISLE, J.

1. A justice of the peace has no authority to perform any of the functions of his office elsewhere than within the limits of his own county, and an affidavit sworn to and subscribed before a justice of the peace outside the limits of his own county is illegal and void. Hutchins v. State, 8 Ga.App. 409 (69 S. E. 309).

2. An illegal affidavit cannot form the basis of a bastardy prosecution. Jackson v. State, 34 Ga.App...

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