State ex rel. Dewey v. Kibbe

Two questions are raised in this court: Was the lower court in error in granting a new trial because *211of misdirection of the jury? and Is the verdict sustained by the evidence ? The error relied on by the trial court in granting the order is found in the following instruction to the jury:

“Members of the jury, it is not necessary that the state prove the exact date on which the woman became pregnant, but the fact of intercourse must be shown to have occurred on such a date as will satisfy you that the infant was the result of it.”

In granting the order for a new trial the trial court said:

“After…