DocketNumber： 4 Div. 629.
Citation Numbers： 88 So. 34, 17 Ala. App. 601, 1920 Ala. App. LEXIS 222
Judges： Merritt
Filed Date： 6/29/1920
Status： Precedential
Modified Date： 11/2/2024
The defendant was convicted for the offense of bastardy, and appeals. Prosecution was begun on warrant and affidavit before a justice of the peace, both the affidavit and warrant designating the offense as bastardy. At the April term, 1918, the solicitor filed in court a complaint setting out all the necessary allegations of a complaint charging bastardy. At the October term, 1919, of the circuit court of Barbour county, the judgment recites the filing at the spring term of the complaint by the solicitor and cause continued. This judgment also recites that the defendant moves the court to quash the proceedings and dismiss the complaint, and the motion was overruled. The bill of exceptions states in the beginning that at the October term, 1919, the defendant moved the court to quash the warrant and the proceedings, and the court overruled the motion. The defendant also moved the court *Page 602 to quash the warrant and the complaint because the warrant did not aver that the complainant was a single woman. The court overruled the motion. During the examination of the defendant he was asked this question:
"I will ask you if at Squire McCall's court you did not object to going to trial on the paper that the court had out there in the justice court charging you with that [meaning the original warrant]?"
The court sustained an objection made by the solicitor to this question. Conceding, without deciding, that the filing of the complaint by the solicitor and the appearance of the defendant at the spring term, 1919, and continuance, without objection, did not cure any defects in the complaint (Walker v. State,
There is no error in the record, and the judgment is affirmed.
Affirmed.