Legal Opinion

State v. Saidell

Supreme Court of New Hampshire

Decided December 5, 1899PublishedCited by 10 opinions

Complaint eor Bastardy. Verdict, that the defendant is chargeable. 1. Subject to the defendant’s exception, a witness testified that the defendant is a Jew. The child was exhibited to the jury; and they were instructed, subject to exception, as follows: “ The fact that the defendant is a Jew must not be allowed to prejudice him in the eyes of the jury.

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Complaint eor Bastardy. Verdict, that the defendant is chargeable. 1. Subject to the defendant’s exception, a witness testified that the defendant is a Jew. The child was exhibited to the jury; and they were instructed, subject to exception, as follows: “ The fact that the defendant is a Jew must not be allowed to prejudice him in the eyes of the jury. There is no more reason for finding a verdict against him because he is a' Jew than for deciding against the complainant because she bears an Irish name. The nationality of the defendant is to be considered only so far as the appearance in the…

1Opinion of the CourtPeaslee, J.

1. The comparison of the child with the defendant as an individual, or with his race, was properly allowed. “ Under the well established physiological law that like begets like, and that generally there is a resemblance, more or less strong and striking, between the parent and his child, it was a fair matter of argument before the jury by the counsel on both sides, whether or not there had been anything in the complexion, appearance, and features of the child which the witness had produced and identified before them tending to indicate its other parent.” Gilmanton v. Ham, 38 N. H. 108, 113.…

2Cases cited1 opinion

  1. Clark v. BradstreetSupreme Judicial Court of Maine · 1888

3Cited by10 opinions

  1. People v. RichardsonCalifornia Supreme Court · 1911
  2. Jaffe v. DeckardCourt of Appeals of Texas · 1924
  3. Bachman v. Travelers InsuranceSupreme Court of New Hampshire · 1916
  4. State v. WarnerSupreme Court of Vermont · 1917
  5. State ex rel. Berge v. PattersonSouth Dakota Supreme Court · 1904

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