State v. Forbes

The respondent was convicted of the crime of adultery, and presents here one ground of error, only. It appeared that the woman involved gave birth to a child, which, at the time of the trial below, was about six months old. The State offered the baby in evidence on the ground that it gave physical evidence of its paternity and warranted an inference that the respondent was its father. Subject to the respondent’s objection and exception, the offer was sustained and the baby was exhibited to the jury.

The propriety of exhibiting a baby about six months old was before us in the recent case of…