O'Brian v. State

Prosecution for bastardy. Judgment for the state. i X>,lj

A motion for a new trial was made and overruled,

_ The reasons assigned for the new trial were—

1. Newly discovered evidence.

This evidence consisted in the admission of the relatrix to a certain person, that the defendant was not the father of her child, but that another person was. Such evidence would have been material; but, as the record does not show that given on the trial, we cannot say how far this newly discovered evidence may have been simply cumulative.

2. The defendant was a lad of seventeen years of age; and the mother .swore…