State v. Tolberg

Otis, Justice.

This is a proceeding to establish paternity. Defendant having been found guilty has appealed from an order denying his motion for judgment n. o. v. or a new trial. The issue is whether the court lacked jurisdiction because of the mother’s failure to swear to a written complaint before a magistrate or clerk of court as required by statute.

The transcript and a stipulation indicate that the mother was interviewed by a caseworker from the Washington County Welfare Department who furnished for her signature a blank complaint which did not include any allegation implicating defendant.…