Baker v. State
Wisconsin Supreme Court
ER.B.OB. to the Circuit Court for Iowa County. This was a proceeding in the court below against Baker as the.father of the bastard child of one Anna E. Swagger. Yerdict and judgment having gone against Baker, he brought the case here by writ of error.
1Opinion of the Court
OetoN, «T.
The judgment in this case must be reversed on the evidence.
The testimony of Anna E. Swagger, the prosecutrix, is positive that her last menstruation was the first of September; that she had sexual intercourse with the defendant about two weeks thereafter, and with one C. Greenalsh about two weeks after that; that her child was born the 2ñth of May; and that the defendant is its father.
In such cases the paternity of the child is the main and material fact to be found by the jury (Speiger v. The State, 32 Wis., 400), and this fact the jury must find beyond a reasonable doubt. Zweifel…
2Cases cited2 opinions
- Zweifel v. StateWisconsin Supreme Court · 1871
- Speiger v. StateWisconsin Supreme Court · 1873
3Cited by8 opinions
- State v. NewmanOregon Supreme Court · 1923
- Windahl v. StateWisconsin Supreme Court · 1926
- State v. SouthAllNorth Dakota Supreme Court · 1924
- Busse v. StateWisconsin Supreme Court · 1906
- Vail v. StateNew York Court of General Session of the Peace · 1897
3 more not listed; retrieve them via the Exa API.