Commonwealth v. Davis

Decided December 8, 1869

Court of Appeals of Kentucky · decided 1869-12-08

<p>APPEAL PROM BOYD COUNTY COURT.</p> <p>A BASTARDY PROSECUTION CAN NOT BB DISMISSED BY THE MOTHER. — After a bastardy proceeding lias been initiated, and the court lias acquired jurisdiction over it, tlie mother has no legal control over it. On motion of the mother the court dismissed the proceeding. That judgment is reversed on appeal of the commonwealth, “ and the cause remanded for further prosecution for the relief of the county and the benefit of the bastard.” (Commonwealth v. Turner, 4 Dana, 511.)</p>

Decided 1869-12-08

JUDGE ROBERTSON

¶1delivered the opinion op the court.

¶2According to the principles adjudged in the Commonwealth v. Turner, 4 Dana, 511, and which we reaffirm as sound and applicable to this case, the county court erred in dismissing the proceeding in bastardy.

¶3The only difference between this case and that is, that in that the dismission on the mother’s compromise was against her protest in court, and in this she moved it herself. But the controlling principle is the same in each case, and applies equally to both.

¶4After the proceeding had been initiated, and the court had acquired jurisdiction over it,, the mother had no legal control over it.

¶5Wherefore the judgment of dismission in this case is reversed, and the cause remanded for further prosecution for the relief of the county and the benefit of the bastard.