State ex rel. Sumpter v. Barbour

Prosecution for bastardy. On October 10, 1855, Jane Sumpter filed an affidavit with Warren Harper, a justice of the peace, charging Orman Barbour with having begotten a bastard child of which she had been delivered. The justice issued a writ for Barbour, returnable forthwith.

On February 19, 1856, it appears by the transcript, the *527defendant was before the justice upon the writ; and because the prosecuting witness was not present, she having had no notice from the justice of the fact of the defendant being brought before him, the justice discharged the defendant. On March 5, following, we learn…