Smith v. State

— The complaint made before the justice, on which the warrant of arrest was sued out, omits to aver that the prosecutrix was a single woman.- — -Code of 1876, §4071. The duty of the justice in such case is purely preliminary, and if, on examination of the' witnesses, it appears there is probable cause for believing the accused is guilty of the charge, [bastardy], be must be required to'givo bond for his appearance at the circuit court to answer the charge; and failing- to do so, lie must be committed to jail until lie gives *12the same, or is otherwise discharged by law. — Code, § §4072-4. The…