Walker v. State

• Decision Date: 14 January 1896
• Citation: 19 So. 353,108 Ala. 56
• Parties: WALKER v. STATE.
• Court: Alabama Supreme Court

19 So. 353

108 Ala. 56

WALKER v. STATE.

Supreme Court of Alabama

January 14, 1896

Appeal from circuit court, Bullock county; J. M. Carmichael, Judge.

Bastardy proceedings against Henry Walker, who was found in the circuit court to be the father of the bastard child, and appeals. Affirmed.

This was a bastardy proceeding, instituted against the appellant Henry Walker, by a complaint made before a justice of the peace, and a warrant of arrest issued by him. The affidavit of complaint, warrant, and bond, as returned to the circuit court from the justice's court in which these proceedings were commenced, were as follows:

"The State of Alabama, Bullock County. Before me, W. C. Smith, a justice of the peace for said county, personally appeared Elizabeth Dix, who, being duly sworn, deposes and says that she is a single woman, and that she is in a family way with a bastard child, and that Henry Walker is the father thereof. [Signed] Elizabeth Dix.

"Sworn to and subscribed before me, this the 27th day of March 1894. [Signed] W. C. Smith, J. P."

"The State of Alabama, Bullock County. To Any Officer of the State: Complaint on oath having been made before me that the offense of bastardy has been committed, and accusing Henry Walker thereof, you are therefore commanded forthwith to arrest Henry Walker, and bring him before me. Dated this the 27th day of March, 1894. [Signed] W. C. Smith, J. P."

The bond was as follows:

"State of Alabama, Bullock County. May 8th, 1894. We, Henry Walker, Freeman Walker, and F. L. and B. B. Merritt, agree to pay the state of Alabama $600, unless the said Henry Walker appear at the next term of the circuit court of Bullock, and from term to term, until discharged by law, to answer a criminal prosecution for the offense of bastardy. Henry Walker. Freeman Walker, B. B. & F. L. Merritt.

"Approved this 8th day of May, 1894.

Merritt & Stowers, for appellant.

Wm. C. Fitts, Atty. Gen., for the State.

McCLELLAN J.

The question in this case is not whether Walker was under any statutory or common-law obligation to appear in the circuit court, and answer the charge of bastardy. That question might be of moment if he had not appeared, and the sureties on his bond were being proceeded against for that he failed to appear. But he did appear in that court, and the issue between him and the state as to whether he was the father of the illegitimate child of Elizabeth Dix, a single woman, resident of the county, was there tried, and adjudged against him; and it is manifestly of no consequence whether the appearance bond was good or bad, or whether there was any appearance bond at all or not, so far as the regularity and validity of the judgment is concerned.

Nor is the question here whether the proceedings before the justice of the peace were so lacking in formality and the showing of facts authorizing action on his part that perjury could not be assigned upon false swearing in the trial had before him as in the case of Collins v. State, 78 Ala. 433. Pejury cannot be...