Maloney v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Woodford County; the Hon. S. L. Richmond, Judge, presiding. This was a prosecution against Nelson Maloney for bastardy, to compel him to support an illegitimate child of Maria Owen, of which he was alleged to be the father.
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Writ of Error to the Circuit Court of Woodford County; the Hon. S. L. Richmond, Judge, presiding. This was a prosecution against Nelson Maloney for bastardy, to compel him to support an illegitimate child of Maria Owen, of which he was alleged to be the father. Upon a trial the defendant was found guilty, and he brings the cause to this court, insisting that the court erred in refusing to instruct the jury that they could not convict unless he was proven guilty beyond a reasonable doubt.
1Opinion of the CourtJustice Lawrence
This court has decided in Mann v. The People, 35 Ill., and again at the present term in Pease v. Hubbard, 37 Ill. 257, that a prosecution for bastardy is not a criminal proceeding. The instruction, therefore, requiring the defendant to be.proven guilty beyond a reasonable doubt, was properly refused by the Circuit Court.
Judgment affirmed.
2Cases cited1 opinion
- Pease v. HubbardIllinois Supreme Court · 1865
3Cited by1 opinion
- People v. TiceAppellate Court of Illinois · 1915