Smith v. State
Alabama Court of Appeals
Bastardy. Appeal from Gadsden City Oonrt. Heard before Hon. James A. Bilbro. Wade Smith was convicted of bastardy, and he appeals. The following charges were refused the defendant: (2) The fact that Wade Smith went to- Georgia is no evidence of guilt. (3) You cannot consider any evidence of flight in this case.
Read the full summary
Bastardy. Appeal from Gadsden City Oonrt. Heard before Hon. James A. Bilbro. Wade Smith was convicted of bastardy, and he appeals. The following charges were refused the defendant: (2) The fact that Wade Smith went to- Georgia is no evidence of guilt. (3) You cannot consider any evidence of flight in this case. (4) If during the time in which the child could be conceived the woman Rena Smith had sexual intercourse with other men than defendant, then she cannot know who is the real father of the child.
1Opinion of the Court
BROWN, J.(1) The complaint filed by the solicitor in the circuit court follows the statute in averring that *413the prosecutrix was “pregnant with or delivered of a bastard child in Etowah county, and the state avers that Wade Smith is the real father of said child,” and the demurrers interposed were properly overruled.—Code, § 6364; Miller v. State, 110 Ala. 85, 20 South. 392; Brantley v. State, 11 Ala. App. 147, 65 South. 678.(2) In the absence of statutory provisions prescribing the number of peremptory challenges in proceedings of this character, our Supreme Court has held that thé statute…
2Cases cited35 opinions
- Interstate Commerce Commission v. BairdSupreme Court of the United States · 1904
- Egbert v. GreenwaltMichigan Supreme Court · 1880
- Whitaker v. StateSupreme Court of Alabama · 1894
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- Bell v. Territory of OklahomaSupreme Court of Oklahoma · 1899
30 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Ex Parte GriffithSupreme Court of Alabama · 1965
- Manson v. StateCourt of Criminal Appeals of Alabama · 1977
- Ex Parte MesserSupreme Court of Alabama · 1933
- In Re SullivanSupreme Court of Alabama · 1969
10 more not listed; retrieve them via the Exa API.