Legal Opinion

State v. Sibla

North Dakota Supreme Court

Decided October 1, 1920PublishedCited by 2 opinions

Bastardy proceedings in Morton County, Hanley, J. From a judgment and order denying a new trial the defendant has appealed. “The sole and only question for the jury to determine is whether or not the defendant is the father.”

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Bastardy proceedings in Morton County, Hanley, J. From a judgment and order denying a new trial the defendant has appealed. “The sole and only question for the jury to determine is whether or not the defendant is the father.” People v. Welch, 143 111. App. 191; Mann v. State (Wis.) 112 N. W. 38. The purpose of a proceeding in bastardy, such as this, is to compel the father of the illegitimate child to assist in supporting the fruits of his immoral act, and to indemnify the public against the burden of supporting the child. Stahl v. State (Kan.) 74 Pac. 238.

1Opinion of the CourtBronson, J.

Statement.—This is an appeal by the defendant from a judgment in a bastardy proceeding, and from the order of the trial court denying a motion for a new trial. The jury found the defendant *338to be the father of the bastard child of the complainant. In the record it appears.that the complainant is about seventeen or eighteen years old and unmarried. She testifies that on July 21, 1918, the defendant had intercourse with her at the home of the defendant, where he lived with his father and mother; that the defendant was the father of the baby boy bom to her on April 16, 1919, at the hospital in…

2Cases cited4 opinions

  1. Menn v. StateWisconsin Supreme Court · 1907
  2. Justice v. SouderNorth Dakota Supreme Court · 1910
  3. State v. LangNorth Dakota Supreme Court · 1910
  4. People ex rel. Weese v. WelchAppellate Court of Illinois · 1908

3Cited by2 opinions

  1. State v. SouthAllNorth Dakota Supreme Court · 1924
  2. State v. JangulaNorth Dakota Supreme Court · 1927

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