Paulk v. State
Supreme Court of Alabama
Appeal from Circuit Court of Randolph. Tried before Hon. John Henderson. This was a proceeding against appellant under the statutes for bastardy. On the issue before the circuit court as to the paternity of the child, the mother testified that appellant was its father.
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Appeal from Circuit Court of Randolph. Tried before Hon. John Henderson. This was a proceeding against appellant under the statutes for bastardy. On the issue before the circuit court as to the paternity of the child, the mother testified that appellant was its father. The defendant then introduced a witness who testified that he “ had seen one Clark Messmer with the prosecutrix on two occasions since the commencement of the prosecution, and that both times they were going in the direction of the court-house; ” that he had seen the bastard child and “ that it favored Clark Messmer's…
1Opinion of the CourtBrickell, C. J.
A proceeding under the statutes to compel a putative father to the support and education of a bastard child, during the helplessness of mere infancy, has some of the characteristics of a civil action and of a criminal prosecution. It is commenced by a complaint on oath, on which a warrant of arrest issues in the name of the State. A preliminary examination is had before a justice of the peace of the county in which the woman is pregnant or delivered of the child, and if sufficient evidence appears, the accused is recognized to appear at the next term of the circuit court. If he fails to enter…
2Cases cited2 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Judge of the Co. Ct. v. KerrSupreme Court of Alabama · 1850
3Cited by12 opinions
- Thomas v. United StatesCourt of Appeals for the D.C. Circuit · 1941
- Kelly v. StateSupreme Court of Alabama · 1901
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- State v. DanforthSupreme Court of New Hampshire · 1905
- Dorgan v. StateSupreme Court of Alabama · 1882
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