State v. Brewer

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtMcIver
Citation38 S.C. 263,16 S.E. 1001
Decision Date13 February 1893
PartiesSTATE v. BREWER. SAME v. BRUNSON.

16 S.E. 1001
38 S.C. 263

STATE
v.
BREWER.
SAME
v.
BRUNSON.

Supreme Court of South Carolina.

Feb. 13, 1893.


Bastardy—Criminal Proceeding—Recognizance —Arrest—Judgment.

1. Gen. St. §§ 1579, 1582, provide that where a woman has been delivered of a bastard child, and she declares on oath, before a trial justice, who is the father of such child, a warrant shall issue to bring before a trial justice the person so accused, "who shall be required to enter into a recognizance" to support the child; but, if the person so accused shall deny that he is the father of the child, "a jury shall be charged, in the court of general sessions, to try the question, " and, if convicted, he shall, in default of giving a recognizance, "be liable to execution, as are defendants convicted of misdemeanors." Held, that a person convicted of bastardy, who does not give such recognizance, can, after an execution is returned unsatisfied, be arrested on a ca. sa., under section 2662, providing that if the sheriff "return, on oath, that such offender refused to pay, or has not any property, or not sufficient whereon to levy, then a writ of capias ad satisfaciendum shall issue, whereby he shall be committed to the common jail, until the forfeiture, costs, and charges shall be satisfied." State v. Glenn, 14 S. C. 118; State v. Quick, 25 S. C. Undistinguished.

2. In South Carolina, a charge of bastardy is a criminal proceeding to punish the person charged for a violation of law, and the penalty, which one convicted of that offense incurs, is not a "debt, " within Const, art. 1, § 20, providing that "no person shall be imprisoned for debt, except in cases of fraud."

3. A judgment in a bastardy proceeding that, on default in giving a recognizance, "execution do issue as for a penalty for $25 annually, and that he be confined on execution in the jail, " means that if defendant fails to give a recognizance, and the execution is returned unsatisfied, he shall be arrested on a ca. sa.

Appeal from general sessions circuit court of Chesterfield and Marion counties; J. J. Norton and J. F. Izlak, Judges.

William A. Brewer and Bainey Brunson were separately convicted of bastardy, and appeal. Affirmed.

Prince & Stevenson and Ferd I). Bryan, for appellants.

Mr. Johnson, for the State.

McIver, C. J. These two cases, involving practically the same question, were heard, and will be considered, together. That question is whether a person who has been convicted of bastardy, who fails or refuses to enter into the recognizance, as required by law, for the support of his bastard child, can, after execution against his property has been returned wholly or partially unsatisfied, be arrested under a writ of capias ad satisfaciendum, and committed to jail, subject, however, to the privileges accorded to insolvent debtors arrested under a similar writ. A brief examination of the statutory provisions on this subject will show that this question must be answered in the affirmative. Section 1579 of the General Statutes provides that where a woman has heen delivered of a bastard child, and she declares on oath, before a trial justice, who is the father of such child, it shall be the duty of such trial justice to issue a warrant to

[16 S.E. 1002]

apprehend and bring before him, or some other trial justice, the person so accused, "who shall be required to enter into a recognizance" as prescribed by that section, conditioned for the support of such child for the period fixed by the section. If, however, the person so accused shall deny that he is the father of such child, then section 1582 provides that "a jury shall be charged, in the court of sessions, to try the question whether the accused is or is not the father of such child or children, and on his acquittal he shall be discharged, or, if convicted, he shall be required to give the security or recognizance hereinbefore required, and in default thereof shall be liable to execution, as are defendants convicted of misdemeanors." Then, turning to section 2661, we And that where a person so convicted shall fail to pay the fine imposed, together with the costs of prosecution, " then a writ, in the nature of an execution, shall issue, by virtue of which the sheriff, or his deputy, shall sell (in the same manner as property is sold under execution in civil cases) so much of the offender's estate, real or personal, as may be necessary to satisfy the fine, " etc. The next section (2662)...

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16 practice notes
  • Ex Parte Hollman.
    • United States
    • United States State Supreme Court of South Carolina
    • 16 d4 Janeiro d4 1908
    ...the acts should be declared unconstitutional as providing for imprisonment for debt without proof of fraud. The case of State v. Brewer, 38 S. C. 263, 16 S. E. 1001, 19 L. R. A. 362, 37 Am. St. Rep. 752, holding constitutional the statute authorizing the imprisonment of one convicted of bas......
  • McGlohon v. Harlan, No. 19054
    • United States
    • United States State Supreme Court of South Carolina
    • 25 d1 Maio d1 1970
    ...here of the question of whether he was the father of the illegitimate child born to the respondent. In the case of State v. Brewer, 38 S.C. 263, 16 S.E. 1001, decided in 1893, this court held that bastardy was a crime and within the jurisdiction of the court of General Sessions. Cases of li......
  • Land v. State
    • United States
    • Supreme Court of Arkansas
    • 28 d1 Outubro d1 1907
    ...25 Ind. 68; Ex parte Wheeler, 34 Kan. 96, 8 P. 276; Ex parte J. C. H., 17 Fla. 362; Ex parte Bridgforth, 77 Miss. 418; State v. Brewer, 38 S.C. 263, 16 S.E. 1001; State v. Giles, 103 N.C. 391, 9 S.E. 433; Musser v. Stewart, 21 Ohio St. 353; Ex parte Cottrell, 13 Neb. 193, 13 N.W. 174. "The ......
  • Martin v. People, 9015.
    • United States
    • Colorado Supreme Court of Colorado
    • 8 d1 Outubro d1 1917
    ...[168 P. 1172] v. Heise, 257 Ill. 443, 100 N.E. 1000; State v. English, 101 S.C. 304, 85 S.E. 721, L.R.A. 1915F, 977; State v. Brewer, 38 S.C. 263, 16 S.E. 1001, 19 L.R.A. 362, 37 Am.St.Rep. 752; In re Wheeler, Petitioner, 34 Kan. 96, 8 P. 276; Musser v. Stewart, 21 Ohio St. 353; Ex parte Co......
  • Request a trial to view additional results
16 cases
  • Ex Parte Hollman.
    • United States
    • United States State Supreme Court of South Carolina
    • 16 d4 Janeiro d4 1908
    ...the acts should be declared unconstitutional as providing for imprisonment for debt without proof of fraud. The case of State v. Brewer, 38 S. C. 263, 16 S. E. 1001, 19 L. R. A. 362, 37 Am. St. Rep. 752, holding constitutional the statute authorizing the imprisonment of one convicted of bas......
  • McGlohon v. Harlan, No. 19054
    • United States
    • United States State Supreme Court of South Carolina
    • 25 d1 Maio d1 1970
    ...here of the question of whether he was the father of the illegitimate child born to the respondent. In the case of State v. Brewer, 38 S.C. 263, 16 S.E. 1001, decided in 1893, this court held that bastardy was a crime and within the jurisdiction of the court of General Sessions. Cases of li......
  • Land v. State
    • United States
    • Supreme Court of Arkansas
    • 28 d1 Outubro d1 1907
    ...25 Ind. 68; Ex parte Wheeler, 34 Kan. 96, 8 P. 276; Ex parte J. C. H., 17 Fla. 362; Ex parte Bridgforth, 77 Miss. 418; State v. Brewer, 38 S.C. 263, 16 S.E. 1001; State v. Giles, 103 N.C. 391, 9 S.E. 433; Musser v. Stewart, 21 Ohio St. 353; Ex parte Cottrell, 13 Neb. 193, 13 N.W. 174. "The ......
  • Martin v. People, 9015.
    • United States
    • Colorado Supreme Court of Colorado
    • 8 d1 Outubro d1 1917
    ...[168 P. 1172] v. Heise, 257 Ill. 443, 100 N.E. 1000; State v. English, 101 S.C. 304, 85 S.E. 721, L.R.A. 1915F, 977; State v. Brewer, 38 S.C. 263, 16 S.E. 1001, 19 L.R.A. 362, 37 Am.St.Rep. 752; In re Wheeler, Petitioner, 34 Kan. 96, 8 P. 276; Musser v. Stewart, 21 Ohio St. 353; Ex parte Co......
  • Request a trial to view additional results

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