Borden v. State

This proceeding is in bastardy and is purely statutory, and, while the statute (Code 1923, § 3422) requires that the proceedings shall be brought in the name of the state, a bastardy proceeding is not a criminal case in the meaning of the statute (Code 1923, § 3528), which dispenses with the assignment of error in criminal cases taken from a lower court to the appellate court on appeal. The measure of proof and other proceedings are as in civil cases. It is permissible, while the case is pending, to allow the respective parties in such proceedings to consent to a settlement thereof.

In this…