Ex parte Charleston
Supreme Court of Alabama
Original application in Supreme Court for Mandamus. An original petition for mandamus was filed in the Supreme Court by William Charleston, which averred the following facts : William Charleston was arrested and carried before a justice of the peace of Marengo county on the charge of bastardy.
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Original application in Supreme Court for Mandamus. An original petition for mandamus was filed in the Supreme Court by William Charleston, which averred the following facts : William Charleston was arrested and carried before a justice of the peace of Marengo county on the charge of bastardy. Upon investigation of said charge, the justice of the peace, decided that there was propable cause for believing the said Charleston guiIlyas charged, and fixed his appearance bond at $200. In default of said bond, he was committed to jail under a mittimus of the justice of the peace regularly issued.…
1Opinion of the CourtHaralson, J.
Proceedings in a case of bastardy partake of the nature of both a civil and a criminal suit, and is quasi-criminal. -A party charged with bastardy, may be arrested and carried before a justice of the peace, and if, on examination, it appear there is probable cause for believing him to be guilty, lie must be required to give bond for his appearance at the next term of the circuit court, and in default of giving bond and surety required, he must be committed to jail. The duty of the justice in such a case, as it - is in many offenses with which parties are charged before him, is purely…
2Cases cited5 opinions
- Ex parte MahoneSupreme Court of Alabama · 1857
- Smith v. StateSupreme Court of Alabama · 1882
- Ex parte RileySupreme Court of Alabama · 1891
- Ex parte ChampionSupreme Court of Alabama · 1875
- Ex parte JonesSupreme Court of Alabama · 1891
3Cited by2 opinions
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Knight v. Farrell & ReynoldsSupreme Court of Alabama · 1896