44 Kan. 279 | Kan. | 1890
This is an original proceeding in habeas corpus, through which the petitioner, Ernest C. Parker, seeks to be released from an imprisonment which he alleges is illegal. The return made by the respondent shows that the petitioner has been arrested, and is in custody upon a charge that he is the father of a bastard child. It appears that on August 31, 1889, Maggie Green made complaint before a justice of the peace of Riley county, charging Parker with being the father of a bastard child, of which she was delivered on the 31st day of July, 1889. Upon this complaint a warrant was issued, and Parker was brought before the justice of the peace, where a hearing was had, in which numerous witnesses were sworn and testified in behalf of both parties. The relatrix was represented by the county attorney, and upon the evidence adduced the justice of the peace determined and adjudged that the petitioner was not the father of the bastard child, and discharged him from custody. On October 19, 1889, the mother of the child made another complaint before the same justice of the peace, charging the petitioner with being the father of the same child, and thereupon a warrant was issued, upon which the petitioner was arrested and taken before the justice of the peace; and on November 18, 1889, another hearing was had, in which evidence was produced by both parties, and in which the relatrix was again represented by the county attorney. The defendant filed a plea of former acquittal, claiming that the previous trial and the judgment discharging him from custody was a bar to the second action. This plea was overruled, but the justice of the peace, upon the evidence adduced by the parties, again determined that the defendant was not the father of the child, and discharged him from custody. The state took an appeal to the district court, but at the May term, 1890, of that court, the appeal was dismissed, upon the ground that the district court had no jurisdiction to entertain an appeal from the judgment of the justice of the peace in the bastardy case.
A strong appeal is made by the petitioner to be relieved from the repeated and harassing arrests and prosecutions to which he has been subjected. It is insisted that a full inquiry has been made, which shows his entire innocence of the charge brought against him, and that the present prosecution is not begun in good faith, nor because there are any reasonable grounds for believing that he is the father of the child. ’ If this be true, he is still not without remedy. The law does not permit or tolerate a perversion of its provisions and process for any purpose, much less for the accomplishment of the unworthy object which the petitioner suggests is intended by this prosecution. All prosecutions under the act are within the control of the county attorney, and it is his duty to see that no one is vexed and harassed in the manner alleged, and he should discontinue any prosecution which is not begun in good faith and based upon reasonable grounds. He can prevent the proceedings and process of the law from being abused, and should exercise his power and control in that respect when occasion requires. There are probably other remedies to prevent the continuance of proceedings under the act after a discharge of the defendant, and when it is shown that they are
The petitioner will be remanded.