State v. Scott
South Dakota Supreme Court
Error to Minnehaha county court. Hon. E. Parliman, Judge. John B. Scott was convicted on a complaint for bastardy, and brings error. The facts are stated in the opinion. Proceedings under Chap. 24 of Session Laws of 1893, are quasi criminal. Yan Tassel v. State, 59 Wis. 351. The proof, under bastardy proceedings, as to the paternity of the child, need not be sufficient to establish the fact beyond a reasonable doubt, a preponderance of' the evidence is sufficient.
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Error to Minnehaha county court. Hon. E. Parliman, Judge. John B. Scott was convicted on a complaint for bastardy, and brings error. The facts are stated in the opinion. Proceedings under Chap. 24 of Session Laws of 1893, are quasi criminal. Yan Tassel v. State, 59 Wis. 351. The proof, under bastardy proceedings, as to the paternity of the child, need not be sufficient to establish the fact beyond a reasonable doubt, a preponderance of' the evidence is sufficient. Baker v. State, 47 Wis. Ill; Yan Tassel v. State, 59 Wis. 351; Hodgson v. Nickell, 34 N. W. 118; Bookhaut v. State, 28 Id. 180.
1Opinion of the CourtCorson, P. J.
The proceedings in this case were had under the bastardy act, being Chapter 24, Laws 1893. The verdict and judgment were in favor of the state, and the defendant brings the same to this court for review by writ of error.
A motion was made in the court below to dismiss the proceedings, and also in arrest of judgment, on the ground that the act above referred to conferred upon county courts jurisdiction in contravention of the state constitution. These motions were overruled, and the defendant excepted. The only question presented for review is as to the constitutionality of the bastardy act.…
2Cases cited6 opinions
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- Smith v. StateSupreme Court of Alabama · 1882
- People ex rel. Pangborn v. SmithMichigan Supreme Court · 1887
- William H. T. v. State ex rel. M. C.Supreme Court of Florida · 1882
- In re LeeSupreme Court of Kansas · 1889
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