Upton v. State

In the court below, without the aid of a jury, the trial judge adjudged the accused guilty of non-support. The prosecution is based on the alleged violation of Secs. 89 and 90, Title 34, Code 1940. The parental designation under the latter section was enlarged by the adoption of the former.

In the instant case we are only concerned with: "* * * the father of such child or children, though born out of lawful wedlock."

The authorities hold that this parental relationship may be fixed in either of two ways: (1) By proof that the paternity of the child has been judicially established. (2) By proof…