Stoltenberg v. State ex rel. Kruse

Letton, C.

Tn a bastardy proceeding in Douglas county, the plaintiff in error was convicted of being the, father of an illegitimate child. To review this judgment he prosecutes error to this court. Tiis main contentions are that the verdict is not supported by the evidence, and that the court erred in refusing intsructions one, two and three requested by him. We deem it unnecessary to consider the point that the verdict is not supported by the evidence, since a new trial must be granted upon other grounds.

Instruction numbered 8 requested by the defendant is as follows: “The complainant is…