Legal Opinion

Cushwa v. State

Court of Appeals of Maryland

Decided November 12, 1863PublishedCited by 6 opinions

Writ of Error to the Circuit Court for Washington County: This was a proceeding under Art. 13 of the Code, by indictment, charging that the appellant was “the father of an illegitimate male child, at the county aforesaid, contrary'to the form of the Act of Assembly in such case made and provided,” &c. The defendant filed a plea to the jurisdiction of the Court to which the State demurred, and the Court below (Perry, J.) sustained the demurrer.

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Writ of Error to the Circuit Court for Washington County: This was a proceeding under Art. 13 of the Code, by indictment, charging that the appellant was “the father of an illegitimate male child, at the county aforesaid, contrary'to the form of the Act of Assembly in such case made and provided,” &c. The defendant filed a plea to the jurisdiction of the Court to which the State demurred, and the Court below (Perry, J.) sustained the demurrer. The defendant then demurred to the indictment, which was by the Court over-ruled, and then put in the plea of not guilty, and the verdict and judgment…

1Opinion of the CourtBartol, J.

This is a proceeding by indictment against the plaintiff in error, as the putative father of an illegitmate child. A plea to the jurisdiction was interposed, alleging “that there was no judgment of any justice of the peace of Washington County in and upon the premises, requiring him, the said Thomas Benton Cushwa, to give security in the sum of eighty dollars to indemnify the said Washington County from all charges that may arise for the maintenance of said male child mentioned in said indictment, and that he, the said Thomas Benton Cushwa, was never required by any justice of the peace of…

2Cases cited1 opinion

  1. Root v. StateCourt of Appeals of Maryland · 1839

3Cited by6 opinions

  1. Kelly v. StateCourt of Appeals of Maryland · 1926
  2. O'Brien v. StateCourt of Appeals of Maryland · 1915
  3. Hahn v. StateCourt of Appeals of Maryland · 1947
  4. Norwood v. StateCourt of Appeals of Maryland · 1876
  5. Huyett v. SlickCourt of Appeals of Maryland · 1875

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