Kelly v. State
Supreme Court of Alabama
Appeal from the 'Circuit Court of Clarke. Tried before the Hon. John Moore. This was a bastardy 'proceeding, in which the appellant, Willis Kelly, was tiled and found guilty of being the father of the bastard child of Florence Stephens.
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Appeal from the 'Circuit Court of Clarke. Tried before the Hon. John Moore. This was a bastardy 'proceeding, in which the appellant, Willis Kelly, was tiled and found guilty of being the father of the bastard child of Florence Stephens. On the trial of the case the evidence for ¡the State showed that Florence Stephens was delivered of a bastard child on July 27, 1900. The State, for the purpose of showing the likeness of the child to the defendant, proposed to offer the child in evidence, so the jury could view it; (the defendant objected to the introduction in evidence of the child, hut the…
1Opinion of the CourtMcCLELLAN, C. J.
There is in Paulk v. State, 52 Ala. 427, ¡this diclrnn: “On an issue formed in a bast*197ardy proceeding, it is doubtless competent 'for tlie defendant to prove that the child bears no likeness or resemblance to him, or that it resembles some other person, who had opportunities of illicit intercourse with ¡the mother.” It would necessarily follow that the prosecution upon such issue would be entitled to show that the child resembled the defendant; and, logically, that in such case it would be competent to make profert of the child before the jury to show its resemblance, or lack of resemblance…
2Cases cited6 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Garvin v. StateMississippi Supreme Court · 1876
- Linton v. StateSupreme Court of Alabama · 1889
- Paulk v. StateSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. RichardsonCalifornia Supreme Court · 1911
- State v. DanforthSupreme Court of New Hampshire · 1905
- Watts v. StateAlabama Court of Appeals · 1913
- Brantley v. StateAlabama Court of Appeals · 1914
- Flores v. StateSupreme Court of Florida · 1916
21 more not listed; retrieve them via the Exa API.