Holmes v. Clegg

A bastardy warrant, upon compliance with Code, 48-7-1, issues “unless the child be three years old or upwards”. Here the child was at least eight years old on November 15, 1946, when the warrant under which the defendant was taken into custody was “reissued” by the justice of the peace. bastardy proceeding had been begun by the complainant before the same justice on October 4, 1938, the complaint in writing stating that the child was born October 6, 1937. No new complaint to sustain the warrant of November 15, 1946, appears. It therefore will be noted that the question here presented is this:…