Patterson v. State
| Decision Date | 10 December 1929 |
| Docket Number | 5 Div. 780. |
| Citation | 23 Ala.App. 342,127 So. 792 |
| Parties | PATTERSON v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Jan. 7, 1930.
Appeal from Circuit Court, Chilton County; George F. Smoot, Judge.
Calvin Patterson was convicted of willful neglect or failure to support his child, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Patterson v. State, 127 So. 793.
Lawrence F. Gerald and J. B. Atkinson, both of Clanton, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
This is a proceeding, or prosecution, instituted against appellant by the mother of the child, for failing to provide for his dependent infant daughter, admittedly less than 18 years of age, under the provisions of chapter 157 (sections 4479 to 4495) Code of Alabama of 1923.
The bill of exceptions contains the following rather remarkable recitals, as a part of the agreed statement of facts, upon which the cause was tried in the court below, and upon which it is to be adjudicated here on appeal:
"It is further agreed, for the purpose of this suit, that the marriage of said prosecutrix and Calvin Patterson was void and that said child is the child of said Calvin Patterson, and that said child is illegitimate, and that said defendant, Calvin Patterson, being the father of said child, and within twelve months before the commencement of prosecution, in Chilton County, Alabama, willfully neglected or refused or failed to provide for the support and maintenance of said child, and that said child was then and there in destitute or neglected circumstances."
Appellant's counsel in an ably prepared brief, filed in this court, argue forcefully that, the "child" in the case being illegitimate, there is no legal duty on the father to support her, but that such support as can be required of him must be obtained in the mode prescribed by the statute for bastardy proceedings. Chapter 85 (sections 3416 to 3439), Code of Alabama of 1923. What they argue in this respect appears to have been sound law until the "establishment and promulgation" of section 4479 () of the Code of Alabama of 1923, the same becoming effective on August 17, 1924. Ex parte Newsome, 212 Ala. 168, 102 So. 216.
This section 4479 of the Code of Alabama 1923, in effect when the matters, things, actions, and proceedings involved in, and...
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Law v. State
...for the support of his child an annual sum to be fixed by the court not exceeding one hundred dollars for ten years. In the case of Patterson v. State, supra, the question was section 4479 et seq., Code, added to the duty provided in the bastardy statutes. It was held that it did so. The pa......
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Morgan v. State
...known as the 'Bastardy Statutes.' Coan v. State 25 Ala.App. 62, 141 So. 262--certiorari denied Id., 224 Ala. 584, 141 So. 263; Patterson v. State, supra. the Supreme Court, in denying the petition for certiorari in our case of Coan v. State, supra, went ahead to say--and their pronouncement......
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Franks v. State
... ... prior to the adoption of the Code of 1923, if he is in fact ... the father of the child, and he fails to support such child, ... it being in necessitous circumstances, [26 Ala.App. 432] he is ... subject to prosecution under the above section. Patterson ... v. State, 23 Ala.App. 342, 127 So. 792 ... The ... bill of exceptions fails to state that it contains all, or ... substantially all, of the evidence adduced on the trial, in ... the absence of which this court will presume a state of facts ... sufficient to justify the court's ... ...
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Turner v. State, 6 Div. 546
...if it is in destitute or necessitous circumstances, and subjected him to the penalties of Section 90, Title 34, Code. Patterson v. State, 23 Ala.App. 342, 127 So. 792; Law v. State, 238 Ala. 428, 191 So. 803; Upton v. State, 255 Ala. 594, 52 So.2d 824. See also Ex parte Newsome, 212 Ala. 16......