State v. McKnight

Prosecution for bastardy. The jury found that the defendant was the father of the illegitimate child bom alive to the prosecutrix on April 17, 1928. From the judgment thereon entered the defendant appeals.

The defendant contends that this is a criminal case, and that it should therefore be tried and disposed of in accordance with the rules and practice applicable to criminal cases.

The question is presented by various assignments of error, wherein counsel for appellant complain that error was committed by the trial court (1) in instructing the jury that a preponderance or greater weight of the…