140 So. 181 | Ala. Ct. App. | 1932
This is a bastardy proceeding, instituted by Coretta Hines before a justice of the peace. The appellant was bound over to the circuit court for trial.
It is first insisted that prejudicial error prevailed by the action of the court in overruling the defendant's motion to quash the proceedings because the appearance bond of the defendant did not require him to appear at the next session of the circuit court. We do not accord to appellant's insistence in this connection. Williams v. State,
To the complaint the defendant filed pleas 1 and 2, as follows:
"1. Comes the defendant in the above entitled cause and for answer to the complaint filed against him says that the complaint in this cause was not made until July 1, 1929, That on towit: the 16th day of June 1928 Coretta Hines, the mother of the alleged bastard child entered into a contract with the defendant that made a fair settlement with the defendant, the alleged father of said child on a reasonable consideration and she is thereby precluded from now prosecuting defendant in this case which said contract was in settlement of the bastardy proceedings.
"2. Comes the defendant in the above entitled cause and for answer to the complaint filed against him says that the complaint in this cause was not made until July 1, 1929, that on towit: the 16th day of June 1928 Coretta Hines, the mother of the alleged bastard child entered into a contract with the defendant whereby the defendant agreed to pay her the sum of Fifteen hundred dollars in full settlement of all of her rights and those of the alleged bastard child against the defendant for being the alleged father of said child and the defendant avers that the settlement with the mother of said child was fair and on a reasonable consideration and that upon the execution of said agreement by the defendant the said Coretta Hines by and through her duly authorized agents represented to the defendant that his execution of said agreement would stop everything and that there would not be legal proceedings of any kind whatsoever against him."
The court sustained demurrers to said pleas. We pretermit the insistence to the effect that the demurrers were general. In our opinion the pleas set up a valid defense and the court erred in its ruling in this connection. Martin v. State,
"The decisions of this state are uniform to the effect that efforts to compromise cannot be proved as admissions against the party making them. It is true that these decisions have been in civil cases, and in one instance in a quasi criminal case of bastardy. Martin v. State,
Over objection and exception of defendant, the court permitted state witness Joe M. Hines, father of the prosecutrix, to testify as to an alleged confession of the defendant. No attempt was made to lay a predicate, and to show that such confession was voluntarily made. This was necessary under the elementary rules of evidence in order to make this character of evidence admissible.
Other questions are presented but need not be discussed.
For the errors indicated, the judgment of conviction from which this appeal was taken is reversed, and the cause remanded.
Reversed and remanded.