State v. Slapnicher

Otis, Justice.

This is an appeal from a paternity adjudication. The only issue is whether the court erred in refusing to receive testimony given by a witness at a previous trial, which the defendant claims was exculpatory notwithstanding the fact it was subsequently repudiated.

The attending physician testified that the date of conception was within 2 or 3 days of April 29, 1963. One Kenneth Ostroot was called as a witness with the understanding he could be cross-examined by both parties and neither of them would be bound by his testimony. In the course of his examination by the state, Ostroot…