Schlotter v. State ex rel. Croy

This was a prosecution for bastardy. A trial of the cause in the circuit court by jury resulted in a verdict for the appellee, upon which the court, over a motion for a new trial, rendered judgment.

The assignment of error calls in question the correctness of the ruling of the circuit court in overruling the motion for a new trial.

It appears by a proper bill of exceptions that when this cause was called the appellant announced his willingness to enter upon the trial of the same. After the jury had been sworn to try the cause the appellant ascertained that one of his witnesses was not present,…