Legal Opinion

Daegling v. State

Wisconsin Supreme Court

Decided January 9, 1883PublishedCited by 4 opinions

ERROR to the Circuit Court for Washington County. This is a proceeding- under the bastardy act. The prose-cutrix is one Margaret Little. On July 18, 1879, she made complaint, in writing, on oath that she was then pregnant with a child, which, if born alive, would be a bastard, and charged therein that the plaintiff in error is the father of such child. He was thereupon arrested, and held to answer the charge in the -circuit court.

Read the full summary

ERROR to the Circuit Court for Washington County. This is a proceeding- under the bastardy act. The prose-cutrix is one Margaret Little. On July 18, 1879, she made complaint, in writing, on oath that she was then pregnant with a child, which, if born alive, would be a bastard, and charged therein that the plaintiff in error is the father of such child. He was thereupon arrested, and held to answer the charge in the -circuit court. A trial in that court resulted in a verdict of guilty. A motion for a new trial was denied, and judgment of affiliation and for the maintenance of the child was…

1Opinion of the Court

Lyon, J".

1. The prosecutrix, in her complaint, charges that the plaintiff in error, Daegling, begat her child on or about March 17, 1879, and she testified on the trial that it was begotten between March 14th and March 18th of that year, and that the child was born on the 10th of the following November. Taking the intermediate date of March 16th as the time of the connection, 239 days only intervened before her delivery. The testimony is that the usual period of gestation is 280 days. Hence, if her statement is true, the birth of the child was premature by about forty days. Three physicians…

2Cited by4 opinions

  1. Spears Ex Rel. Stewart v. VeasleySupreme Court of Iowa · 1948
  2. Chaachou v. KulhanjianSupreme Court of Florida · 1958
  3. Robnett v. PeopleAppellate Court of Illinois · 1885
  4. State v. WestSupreme Court of Iowa · 1923

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API