McKelvy v. State

Citations

• 87 Ohio St. (N.S.) 1

Syllabus

<p>Punishment of father for failure to support illegitimate child — May be penitentiary imprisonment — Jurisdiction of justice of peace— Section 13008, General Code — Compromise of bastardy proceedings — Section 12114, General Code — Bar to subsequent proceedings, when — Section 12970, General Code.</p> <p>!'. As the punishment provided by Section 13008, General Code of Ohio, for failure by a father to support his illegitimate child may be imprisonment in the penitentiary, this makes such offense a felony, and a justice of the peace therefore has no jurisdiction to try a person accused of violating said section, but is only authorized to conduct a preliminary examination and either discharge the accused or recognize him to appear .before the proper court.</p> <p>2. Where a bastardy proceeding has been compromised under and in full accordance with Section 12114, General Code of Ohio, and all the provisions of the compromise have been complied with and carried out by the defendant, this constitutes a complete bar to a subsequent proceeding against him under either Section 13008 or Section 12970, General Code, for failure to support his same illegitimate child.</p>