Warren v. State

RICE, Justice.

While the general law on the subject is none too clear (see 3 R. C. L., p. 719, Bastards; also 126 Am. St. Rep. 261, note), yet we are of the opinion that the following language of our Supreme Court, used in deciding the case of Bullock v. Knox, 96 Ala. 195, 11 So. 339, 340, is all that we need for our guidance in disposing of the instant appeal (Code 1923, § 7318), to wit:

“The ancient common-law authorities declared the issue of every married woman to be legitimate, except in the two special cases of the impoteney of the husband and his absence from the realm. * * * That rule…