People v. McKay
Appellate Division of the Supreme Court of the State of New York
Appeal from court of special sessions of city of New York. Bastardy proceedings by the people, on the complaint of Emily Funk, against John McKay. From a judgment adjudging defendant to be the father of complainant’s bastard child, defendant appeals.
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Appeal from court of special sessions of city of New York. Bastardy proceedings by the people, on the complaint of Emily Funk, against John McKay. From a judgment adjudging defendant to be the father of complainant’s bastard child, defendant appeals. Complainant objected to the jurisdiction of the appellate court on the ground that Laws 1897, c. 378, § 1413, under which the court derived its jurisdiction, was in violation of Const, art. 3, § 17. Complainant’s bastard child was born October 20, 1901, and was a full-grown child.
1Opinion of the CourtWoodward, J.
The judgment and order of filiation jn the case at bar ought to be reversed as against the weight of evidence. There is absolutely no evidence in the case, aside from the testimony of the mother, which would connect the defendant with the origin of her bastard child. The testimony of the mother, which is not given with any degree of circumstantiality, is to the effect that she met the defendant for the first time at a ball on the 5th day of January, 1901; that she made an engagement with the defendant to meet him on the following Wednesday, the 9th day of January, and that at this time the…
2Cases cited2 opinions
- People ex rel. Golden v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
- Simis v. AlwangAppellate Division of the Supreme Court of the State of New York · 1901