Douglass v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas R. Roulhac. This is a bastardy proceeding, which was commenced by affidavit being made by one Rutha Pearsall before one James P. Murdock, who was a notary public and ex officio justice of the peace for Colbert county.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas R. Roulhac. This is a bastardy proceeding, which was commenced by affidavit being made by one Rutha Pearsall before one James P. Murdock, who was a notary public and ex officio justice of the peace for Colbert county. Upon this affidavit a warrant of arrest was issued; and upon the hearing, the justice of the peace considered that there was probable cause to believe the defendant guilty, and, therefore, bound him over to the circuit court. The defendant, before entering upon the trial, when the case was called for trial in…
1Opinion of the CourtBmc Kell, C. J.
Proceedings in bastardy are statutory, originating, before a justice of the peace, and are instituted by the complaint of a single woman that she is pregnant with or has been delivered of a bartard child, in the county in which the complaint is made, and must accuse a particular person of being the .father of such child — this is the inception of the proceedings, and without it there can be no further movement in the procedure the statutes prescribe. The complaint having been made, it is the duty of the justice to issue a warrant for the arrest of the accused, and on his arrest to inquire…
2Cases cited5 opinions
- Harper v. StateSupreme Court of Alabama · 1895
- Carroll v. StateSupreme Court of Alabama · 1877
- Hanna v. StateSupreme Court of Alabama · 1877
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Griffin v. ApplebySupreme Court of Alabama · 1881
3Cited by2 opinions
- Mills v. StateAlabama Court of Appeals · 1911
- Higdon v. StuckeySupreme Court of Alabama · 1910