State v. Hanke

Peterson, Justice.

The state appeals from an order granting judgment in favor of defendant notwithstanding the verdict finding him guilty of paternity of a female child born to prosecutrix on June 3, 1936.

Prosecutrix claims that the child was begotten on the night of September 6, 1935, by an act of intercourse with defendant in an automobile parked near a public dance hall at a lake resort in McLeod county. It is not disputed that intercourse responsible for the pregnancy occurred on the date claimed. Prosecutrix’ evidence generally is to the effect that she had known defendant, who is an…