Legal Opinion

Vail v. State

New York Court of General Session of the Peace

Decided September 29, 1897PublishedCited by 5 opinions

Appeal in bastardy; the issue for the jury being, whether Clarence C. Vail was or was not the father of the infant child of Anna M. Wolf. At the trial, while empanelling the jury, Mr. White inquired whether the defence would be allowed to exercise six challenges, • as in criminal cases, or only three as in civil cases.

1Opinion of the Court

Pennewill, J:—

This is a quasi-criminal proceeding, triable in the Court of General Sessions, and we think it has been dealt with by our courts as a criminal proceeding. We will therefore allow the defendant six challenges.

At the conclusion of the testimony on both sides, Mr. Willis asked the court to instruct the jury that they should find their verdict according to the preponderance of the testimony, and that it was not necessary for the State to establish its case beyond a reasonable doubt.

66 Ill. (Freeman), 162; 45 Ill. 37; 57 Maine, 495.

Mr. Hayes contended that it was a criminal…

2Cases cited2 opinions

  1. Allison v. PeopleIllinois Supreme Court · 1867
  2. Baker v. StateWisconsin Supreme Court · 1879

3Cited by5 opinions

  1. State v. SaxSupreme Court of Minnesota · 1950
  2. State v. CahillSupreme Court of Delaware · 1982
  3. State v. WrightNew York Court of General Session of the Peace · 1938
  4. Donaghy v. StateSupreme Court of Delaware · 1917
  5. State v. SaxSupreme Court of Minnesota · 1950

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