Lancaster v. State Ex Rel. Harrod

McINERNEY, Justice.

This appeal presents a single issue for our determination concerning the commencement of a jury trial in a bastardy proceeding prior to the birth of the child. The plaintiff in error, who will be referred to as defendant, his position in the trial court contends that it is necessary that the child be bom before the commencement of the trial. The State of Oklahoma, plaintiff in the trial court, contends that the statute, 10 .O.S.1961, § 71, permits a trial prior to the birth of the child. This precise question has never been determined in Oklahoma. Other jurisdictions reach…