Martin v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. Lewis Wyeth. This was a bastardy proceeding, commenced against the appellant, John Martin, before a justice of the peace, by one Cynthia. C. Barnes. The justice having found appellant to be the father of the bastard, bound him over to appear at the next term of the Circuit Court.
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Appeal from Jackson Circuit Court. Tried before Hon. Lewis Wyeth. This was a bastardy proceeding, commenced against the appellant, John Martin, before a justice of the peace, by one Cynthia. C. Barnes. The justice having found appellant to be the father of the bastard, bound him over to appear at the next term of the Circuit Court. On the trial in the Circuit Court, the said Cynthia having testified that appellant was the father of the child, he pleaded that since the proceedings had been commenced, the prosecutrix had entered into a compromise with him, whereby, for the sum of two hundred…
1Opinion of the CourtStone, J.
In Wilson v. The Judge of the County Court of Pike, 18 Ala. 757, Chief Justice Dargan, delivering the opinion of the court, said: “ But for the decisions heretofore made by this court, I should be very reluctant to hold that the mother of a bastard, after she had instituted proceedings against the putative father, could compromise the cause and dismiss the prosecution. I, however, admit that the law is settled in this State that she can, and we can not hold otherwise without overruling decisions that have for a long time been acquiesced in.” The court cited in support of this view Robinson v.…
2Cases cited4 opinions
- Merritt v. FlemmingSupreme Court of Alabama · 1868
- Wilson v. Judge of the Co. CourtSupreme Court of Alabama · 1851
- Ex parte GrantlandSupreme Court of Alabama · 1856
- Courtland v. TarltonSupreme Court of Alabama · 1845
3Cited by13 opinions
- Harrison v. StateSupreme Court of Alabama · 1937
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Sanders v. StateSupreme Court of Alabama · 1906
- Brantley v. StateAlabama Court of Appeals · 1914
- Hoover v. HooverSupreme Court of Virginia · 1920
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