Owens v. State
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. The appellant was indicted for being the father of an illigitimate child, begotten and born in the State of Pennsylvania, but now with its mother, residing in Allegany county.
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Appeal from the Circuit Court for Allegany county. The appellant was indicted for being the father of an illigitimate child, begotten and born in the State of Pennsylvania, but now with its mother, residing in Allegany county. To this indictment he demurred, but the court (Perry, J.) overruled the demurrer and gave judgment, that lie should give security in the penalty of $>8Q, to indemnify the county from all charges that may arise from the maintenance of said child, and to stand committed until such recognizance be entered into. Prom this judgment the defendant appealed.
1Opinion of the CourtMason, J.
The judgment in this casé must be reversed. The case of Oldham vs. The State, 5 Gill, 90, settles the question, that a proceeding of this kind is a criminal proceeding, under the act of 1781, ch. 13, and that its object is to punish “persons guilty of fornication.” In the case referred to, the court emphatically meets the point, raised upon this appeal, (that indemnity to the county was the sole purpose of the law,) when they say, “that the design of the law, in'the punishment inflicted, was to indemnify the county, does not in the least change the character of the proceeding.” ■
Fornication…
2Cases cited1 opinion
- Oldham v. State ex rel. CrothersCourt of Appeals of Maryland · 1847
3Cited by9 opinions
- Jacobson v. Maryland Racing CommissionCourt of Appeals of Maryland · 1971
- Thompson v. ThompsonCourt of Appeals of Maryland · 1980
- McNeil v. StateCourt of Appeals of Maryland · 1999
- Sheay v. StateCourt of Appeals of Maryland · 1891
- Eagan v. AydCourt of Appeals of Maryland · 1988
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