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State v. Hicks

Supreme Court of Arizona

November 21, 1949

STATE
v.
HICKS

Accordingly it is ordered that the judgment and order of the trial court in dismissing the appeal be affirmed.

Stewart L. Udall, of Tucson, attorney for appellant.

John C. Gung'l, of Tucson, attorney for appellee.

Phelps, Justice. La Prade, C. J., and Udall, Stanford and De Concini, JJ., concur.

OPINION

Phelps, Justice.

Page 474

[69 Ariz. 210] The facts in this case are that under the provisions of section 27-405, A.C.A.1939, a verified complaint was filed with the justice of the peace of Willcox, Cochise County, Arizona, by Barbara Foote Hicks on October 22, 1948, charging that defendant Robert A. Hicks had sexual intercourse with her on or about July 4, 1946; that at said time she and defendant were not husband and wife and as a result of said intercourse she became pregnant and on April 4, 1947, gave birth to a child, and prayed that the defendant be adjudged to be the father of said child and required to support it as provided by law. A hearing was had pursuant thereto before such justice of the peace and the only testimony submitted was that of the complainant which, if true, supported the allegations of the complaint. At the conclusion of the

Page 475

hearing, however, the justice of the peace entered an order purporting to adjudge defendant not guilty. From this order the complainant appealed to the superior court of Cochise County. Thereafter on motion of defendant said appeal was ordered dismissed.

It is from the order of dismissal by said superior court that complainant prosecutes this appeal.

The motion to dismiss the appeal to the superior court sets forth three grounds for dismissal:

1. That the state did not file a ...


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