Cogburn v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dale County; Judge S. Williams, Judge. Will Henry Cogburn was tried on a charge of bastardy, preferred by Mattie Newman, and from a judgment in favor of the State, he appeals.
1Opinion of the CourtSamford, J.
[1] A proceeding in bastardy is not criminal, and is not the prosecution by the state for a crime. In fact, bastardy, under our laws, is not a crime, hut is a proceeding by the state, at the instance of the mother of a bastard child, against the reputed father, for the purpose of finding the real father of the child, and forcing him to support it.
It is earnestly insisted by appellant’s counsel that the trial court should not have put him upon trial because he was under the age of 16 years at the time the child was begotten, and therefore the trial court erred in overruling his motion to…
2Cases cited3 opinions
- McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
- Alabama State Land Co. v. SlatonSupreme Court of Alabama · 1897
- Gerald & Chambers v. TunstallSupreme Court of Alabama · 1895
3Cited by2 opinions
- Lane v. StateAlabama Court of Appeals · 1924
- Home Supply Co. v. AlmonAlabama Court of Appeals · 1917