State v. Bunker
South Dakota Supreme Court
Error to county court, Brown county. Hon. J. E. Adams, Judge. Ernest I. Bunker, having been convicted of bastardy, brings error. The facts are stated in the opinion. A proceeding for bastardy is in the nature of a civil action to enforce the performance of a civil and moral obligation, and is not a criminal action.
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Error to county court, Brown county. Hon. J. E. Adams, Judge. Ernest I. Bunker, having been convicted of bastardy, brings error. The facts are stated in the opinion. A proceeding for bastardy is in the nature of a civil action to enforce the performance of a civil and moral obligation, and is not a criminal action. Jones v. State, 14 N. W. 901; Cottrell v. State, 1 Id. 1008; Kremlin v. Lallman, 20 Id. 383; Altschulen v. Algaza, 21 Id. 401; Hutchinson v. State, 27 N. W. 115; Ingram v. State, 37 Id. 944; Stuckler v. Gross, 49 Id. 804; State v. Worthingham, 23 Minn., 528; State v. Becht, Id. 1;…
1Opinion of the CourtCorson, P. J.
This was a prosecution brought in the name of the state, on the relation of Amy Mabel Weed, against the defendant, under the bastardy act of 1893. The jury found the issues for the state, and the defendant brings the case here for review on writ of error.
The first question presented is the constitutionality of the law. It is contended by counsel for plaintiff in error that the law conferring jurisdiction upon county courts in this class of cases is unconstitutional. This question was presented and determined by this court at the present term, in the case of State v. Scott, 65 N. W. 31. That…
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- State v. ReddingtonSouth Dakota Supreme Court · 1895
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