People Ex Rel. Smith v. Cobb

Defendant appeals from a paternity judgment which found him to be the father of relatrix’ child and ordered him to pay $35 per week in child support. He contends that (1) the decision of the court was against the manifest weight of the evidence and (2) the court erred in finding that he had waived his right to a jury trial.

The evidence adduced at the paternity hearing was as follows:

Relatrix testified that on December 30, 1966, she married Bobby Smith, and they have never been divorced. She left her husband in March 1970 and immediately moved into defendant’s home. She and defendant shared…