Dorgan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. Wxr. E. Clarice. This was a prosecution under the bastardy statute (Code, §§ 4071- 93),instituted on the complaint of Josephine Ladnier, who made oath before a notary public (and ex officio justice of the peace) “that she is a single woman, and a resident of said county; that she was delivered of a female bastard child in said county, on or about the 5th February, 1880, and that William 0. Dorgan is the father…
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. Wxr. E. Clarice. This was a prosecution under the bastardy statute (Code, §§ 4071- 93),instituted on the complaint of Josephine Ladnier, who made oath before a notary public (and ex officio justice of the peace) “that she is a single woman, and a resident of said county; that she was delivered of a female bastard child in said county, on or about the 5th February, 1880, and that William 0. Dorgan is the father of said bastard child.” The defendant was arrested upon a warrant issued by the magistrate, and, waiving an examination,…
1Opinion of the CourtSomeryille, J.
A proceeding under our statute in a bastardy case (Code, 1876, §§4071 et seq.) has been held by this court not to be a misdemeanor, or otherwise strictly criminal in its nature, though adjudged to be penal in some of its characteristics.—Paulk v. State, 52 Ala. 427; Satterwhite v. State, 28 Ala. 65. In State v. Hunter, 67 Ala. 81, we pronounced the sounder and better view to he, that such proceeding was sui generis, partaking of the nature of both a criminal prose*175cution and of a civil suit — or, in other words, that it was neither a civil suit, nor a criminal prosecution, but rather of a…
2Cases cited5 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- State ex rel. Washington v. HunterSupreme Court of Alabama · 1880
- Paulk v. StateSupreme Court of Alabama · 1875
- Austin v. PickettSupreme Court of Alabama · 1846
- Shouse v. LawrenceSupreme Court of Alabama · 1874
3Cited by17 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Childs v. StateSupreme Court of Alabama · 1884
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Hymes v. StateSupreme Court of Alabama · 1923
- Smith v. StateSupreme Court of Alabama · 1882
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