State v. Higgins

BRADLEY, Judge.

This is a paternity action.

James Vernon Higgins, Jr. was deemed to be the father of the illegitimate child of Iris Lesley by the District Court of Elmore County on November 6, 1980. On November 18,1980 Higgins appealed to the Circuit Court of Elmore County and asked for a jury trial. On December 12, 1980 the State of Alabama filed a written motion to dismiss the appeal. On that same day the circuit court overruled the motion.

The case was tried before the court and a jury and the jury returned a verdict finding Higgins not guilty. The State appeals.

The sole issue for review by…