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52 BASTARDY AND FORNICATION. [ART. XII
ARTICLE XIL
BASTARDY AND FORNICATION.
1.
While under the bastardy law the offence is not consummated and the
indictment cannot be found until the birth of the child, yet the time of
the birth is not of the essence of the offence and need not be proved as
alleged. Plea of limitations. Immaterial error in indictmant; see article
27, section 496. Alien v State, 128 Md. 266.
See notes to sections 3 and 4.
2.
See notes to sections 3 and 4.
3.
The fact that no written order was passed requiring the accused to give
bond, the accused, however, being notified by the justice that he must give
bond and one being given by his father, though not signed by the accused,
does not oust the jurisdiction of the court. Nor does the failure of the
justice to keep a copy of the bond affect the jurisdiction of the court.
Object of the bond. This section construed in connection with section 7.
O'Brien v. State, 126 Md. 272.
In view of the interpretation put oil this section in O'Brien v. State, 126
Md. 272, this section does not violate the 14th amendment of the federal
constitution. Hamilton v. State, 127 Md. 313.
As there should be something more than a comma before the words "in
default" in this section and also before the words "in case," a period is
substituted in both places. O'Brien v. State, 126 Md. 273.
See notes to section 4.
4.
Where the papers are taken by the justice and mailed to the clerk of
the court, but are lost, the state may prove their contents. History of this
article. The justice does not render judgment; the proceeding before him
is simply preliminary. When action may be taken. When the documents
have been lost, the proper practice is to have copies made and filed. The
testimony of the complainant and the cross-examination, if taken down
and lost, may he proved by parol. Submission to jury of issues on pleas
to jurisdiction, held unnecessary; jurisdiction upheld. Evidence. O'Brien
v. State, 126 Md. 272.
See notes to section 3.
5.
See notes to sections 3 and 4.
V
6.
See notes to sections 3 and 4.
7.
See notes to sections 3 and 4.
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