UPTON v. STATE

6 Div. 213.

52 So.2d 824 (1951)

UPTON v. STATE.

Supreme Court of Alabama.

May 10, 1951.


Attorney(s) appearing for the Case

Ross, Ross & Ross, of Bessemer, for appellant.

Si Garrett, Atty. Gen., and M. Roland Nachman, Jr., Asst. Atty. Gen., opposed.


FOSTER, Justice.

The question in this case is whether the alleged father of a bastard child has voluntarily assumed the role of parenthood so as to require him to support the child and be subject to the penalties of section 90, Title 34, Code, for willfully not doing so while she is still under eighteen years of age and in destitute or necessitous circumstances.

It is our understanding there is no common law duty on the part of the father of a bastard child...

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