Cottrell v. State
Nebraska Supreme Court
Error to the district court of Eichardson county. Tried before Weaver, J. The opinion states the case. 1. The defendant was prosecuted for the crime of bastardy, and the power of the state, wielded by the district attorney, was brought to bear against him. On behalf of the plaintiff in error we say that there is no such crime as bastardy known to the law.
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Error to the district court of Eichardson county. Tried before Weaver, J. The opinion states the case. 1. The defendant was prosecuted for the crime of bastardy, and the power of the state, wielded by the district attorney, was brought to bear against him. On behalf of the plaintiff in error we say that there is no such crime as bastardy known to the law. The proceeding under the bastardy act is in no sense a criminal proceeding, but, on the contrary, it is one of a civil nature merely. The object'is not to punish the defendant, but only to enforce the discharge of a moral duty. Carter v.…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiff in error was arrested, tried, and found guilty under the provisions of the bastardy act of 1875. The case is brought into this court by petition in error.
The errors assigned are:
First. That the court erred in treating the case as a criminal case, and in permitting the same to be prosecuted in the name of the state by the district attorney.
Second. Because there is no law in force in the state of Nebraska under which this proceeding could be sustained, and the court erred in not dismissing the case.
*127Third. Because the “ act for the maintenance and support of…
2Cases cited1 opinion
- Hull v. MillerNebraska Supreme Court · 1876
3Cited by23 opinions
- State v. ReeseUtah Supreme Court · 1913
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
- State ex rel. Cardwell v. GlennNevada Supreme Court · 1883
- Hutchinson v. StateNebraska Supreme Court · 1886
- State v. SaxSupreme Court of Minnesota · 1950
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