Legal Opinion

Nicholson v. State ex rel. Collins

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 13 opinions

Apujbal from the Circuit Court of DeKalb. Tried before the Hon. Lukov E. .Box. This prosecution was commenced before a justice of the1 peace, on the 3d August, 1882, on the complaint of Maria Collins, alleging that she had given birth to a bastard child, and that Joseph Collins was its father. The defendant was required by the justice to give bond for Iris appearance, at the next ensuing term of the Circuit Court, to answer the charge.

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Apujbal from the Circuit Court of DeKalb. Tried before the Hon. Lukov E. .Box. This prosecution was commenced before a justice of the1 peace, on the 3d August, 1882, on the complaint of Maria Collins, alleging that she had given birth to a bastard child, and that Joseph Collins was its father. The defendant was required by the justice to give bond for Iris appearance, at the next ensuing term of the Circuit Court, to answer the charge. In that court, he filed a plea of res adjudicada, or former acquittal, alleging that he had been arrested on the same charge, on a complaint made by the…

1Opinion of the CourtBbickell, C. J.

The only jurisdiction a justice of the peace can exercise, in a proceeding for bastardy, is an examination to ascertain whether there is probable cause to believe the *178accused is the father of the child. If, after an. examination of the mother of the child and her witnesses, and of the accused and his witnesses, there is probable cause to believe the accused is the father of the child, bail for his appearance at the next term of the Circuit Court must be required of him ; and if he fail to give bail, he must be committed to jail. In the Circuit Court, an issue is formed, to ascertain whether…

2Cases cited3 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. State v. WisdomSupreme Court of Alabama · 1839
  3. Davis v. State ex rel. HughesIndiana Supreme Court · 1843

3Cited by13 opinions

  1. United States Ex Rel. Rutz v. LevySupreme Court of the United States · 1925
  2. Ogle v. StateCourt of Criminal Appeals of Texas · 1901
  3. Brantley v. StateAlabama Court of Appeals · 1914
  4. State v. McFarlandSupreme Court of Alabama · 1898
  5. Powell v. StateSupreme Court of Alabama · 1889

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