Kuehlthau v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. The appellant, C. E. Kuehlthau, was arrested on a chárge of bastardy, and, after examination before the justice of the peace, was bound over to the Circuit Court of Jefferson county. 'The case was placed on the trial docket of said Circuit Court, was called for trial and tried May 3d, 1890; and the jury returned a verdict in favor of the State.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jas. B. Head. The appellant, C. E. Kuehlthau, was arrested on a chárge of bastardy, and, after examination before the justice of the peace, was bound over to the Circuit Court of Jefferson county. 'The case was placed on the trial docket of said Circuit Court, was called for trial and tried May 3d, 1890; and the jury returned a verdict in favor of the State. Certain entries were made by the trial judge on the trial docket, which entries were in words and figures as follows: “May 3d. Demurrer to complaint overruled, because no…
1Opinion of the CourtMcCLELLAN, J.
In bastardy proceedings, but two questions are committed to the determination of the trial court. The first of these is, whether the defendant is the father of the the child or not; and this is determinable by the jury, when •a jury is demanded. If this issue is found against the defendant, it then becomes the duty of the court to determine the *93second matter, which is as to the amount per annum he shall be required to pay for the support of the child, within a maximum limit of fifty dollars. The conclusion of the jury, under the direction of the court, on the question of paternity, and of the…
2Cases cited1 opinion
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
3Cited by8 opinions
- Story v. StateSupreme Court of Alabama · 1912
- Coan v. StateSupreme Court of Alabama · 1932
- Clevenger v. StateCourt of Civil Appeals of Alabama · 1979
- Harris v. StateAlabama Court of Appeals · 1937
- Oliver v. StateAlabama Court of Appeals · 1943
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