Laney v. State
Supreme Court of Alabama
Appeal from the Circuit of Calhoun. Tried before the Hon. George E. Brewer. This was a bastardy proceeding against the appellant. The warrant, with affidavit attached, under which he was arrested, was as follows : “The State of Alabama, Calhoun County. Justice Court.
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Appeal from the Circuit of Calhoun. Tried before the Hon. George E. Brewer. This was a bastardy proceeding against the appellant. The warrant, with affidavit attached, under which he was arrested, was as follows : “The State of Alabama, Calhoun County. Justice Court. To any lawful officer of said State : Complaint on oath having been made before me that the offense of bastardy has been committed, and accusing Linard Laney thereof: you are therefore commanded forthwith to arrest Linard Laney and bring him before me at the Greenwood school house in Calhoun county, Ala. John Fagan, Justice of…
1Opinion of the CourtBrickell, C. J.
Proceedings in bastardy are statutory, and must originate before a justice of the peace, on the complaint of a single woman that' she is pregnant with or has been delivered of a bastard child, in the county in which the complaint is made, and must accuse a particular person of being the father of such child. The justice must issue a warrant for the arrest of such person, and on his appearance must inquire whether there is á probable cause to believe him guilty. If on such inquiry the justice finds probable cause, the accused is held to an appearance before the Circuit Court, where, if he…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Alabama · 1882
- Pruitt v. Judge of the Co. CourtSupreme Court of Alabama · 1849
- Austin v. PickettSupreme Court of Alabama · 1846
- State v. WoodsonSupreme Court of Alabama · 1892
3Cited by16 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Ex Parte DisonSupreme Court of Alabama · 1984
- Ex Parte MesserSupreme Court of Alabama · 1933
- Brantley v. StateAlabama Court of Appeals · 1914
- Nicholas v. StateAlabama Court of Appeals · 1946
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