McGilvary v. State
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Aaron McGilvary was convicted of the of-fense of bastardy, and he appeals. The court erred in declining to permit the defendant to show that he objected to going to trial on the original affidavit and warrant in the justice court, and in refusing to quash the proceedings because the original warrant did not allege that the prosecutrix was a single woman. 71 Ala. 11.
1Opinion of the CourtMerritt, J.
The defendant was convicted for the offense of bastardy, and appeals. Prosecution was begun on warrant and affidavit before a justice of the peace, both the affidavit and warrant designating the offense as bastardy. At the April term, 1918, the solicitor filed in court. a complaint setting out all the necessary allegations of a complaint charging bastardy. At the October term, 1919, of the circuit court of Barbour county, the judgment recites the filing at the spring term of the complaint by the solicitor and cause continued. This judgment also recites that the defendant moves the court to…
2Cases cited1 opinion
- Walker v. StateSupreme Court of Alabama · 1895