BARTON v. STATE

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.