State Ex Rel. Tomiska v. Hall

The opinion of the court was delivered by

Parker, J.:

This is a bastardy proceeding in which the appellee was acquitted and the state appeals.

We are not disposed to burden our reports with the sordid facts of this case when they are neither necessary nor required in order to dispose of the decisive appellate issue involved.

Appellant specifies error in the overruling of its motion for a new trial and the sole question presented by the record is whether it was error to overrule such motion on grounds of misconduct of the jury when the only evidence presented the trial court on the hearing was…