State v. Giles

HARWOOD, Presiding Judge.

This is an appeal from an order and judgment of the court below granting the defendant’s motion to dismiss the charges against the defendant, and ordering the discharge of the defendant, in a bastardy proceeding.

In the trial below the prosecutrix testified that she had had sexual relations with the defendant on October 11, 1959, and on October 19, 1959. Her child was born on July 6, 1960.

However, on cross-examination the prosecutrix testified that she also had sexual relations with one Jake Oliver on October 11, 1959, and again on October 14, 1959.

She further…