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Citation Codes
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Docket Number
Attorney(S)
  • B.M. Allen and J.S. McLendon, both of Birmingham, for appellant. The petitioner was entitled to his discharge. 142 Ala. 72, 39 So. 55; 82 S.E. 376; 36 Neb. 491, 54 N.W. 826. The common law prevails in Louisiana. 22 La. Ann. 77; 12 C. J. 195; 179 Mo. App. 198, 166 S.W. 1113. A warrant for the father for kidnapping his own child is a mere nullity, where it is not alleged or shown that he has parted with his parental right to his custody. 94 Ga. 257, 21 S.E. 515; 232 Mo. 531 S.W. 529, 32 L. R. (N.S.) 846. Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State. The state made out prima facie case. 16 Ala. App. 397, 78 So. 313; U.S. compiled Statutes 1916, p. 12410; 42 Neb. 772, 60 N.W. 1037, 47 Am. St. Rep. 730. This case is ruled by section 6940. Code 1907, and the case reported in 17 Ala. App. 405, 85 So. 590.
Judges
  • SAMFORD, J.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • B.M. Allen and J.S. McLendon, both of Birmingham, for appellant. The petitioner was entitled to his discharge. 142 Ala. 72, 39 So. 55; 82 S.E. 376; 36 Neb. 491, 54 N.W. 826. The common law prevails in Louisiana. 22 La. Ann. 77; 12 C. J. 195; 179 Mo. App. 198, 166 S.W. 1113. A warrant for the father for kidnapping his own child is a mere nullity, where it is not alleged or shown that he has parted with his parental right to his custody. 94 Ga. 257, 21 S.E. 515; 232 Mo. 531 S.W. 529, 32 L. R. (N.S.) 846. Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State. The state made out prima facie case. 16 Ala. App. 397, 78 So. 313; U.S. compiled Statutes 1916, p. 12410; 42 Neb. 772, 60 N.W. 1037, 47 Am. St. Rep. 730. This case is ruled by section 6940. Code 1907, and the case reported in 17 Ala. App. 405, 85 So. 590.
Judges
  • SAMFORD, J.
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Smart Summary

BARTON v. STATE.

SAMFORD, J.

This case is determined by the following authorities: Code 1907, § 6940; Ex parte Forbes, 17 Ala. App. 405, 85 So. 590; Godwin v. State, 16 Ala. App. 397, 78 So. 313.

The matters and things sought to be set up by the petitioner may be available to him on the trial of the case in the state of Louisiana, but not in this inquiry.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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BARTON v. STATE
(May 17, 1921)