Walker v. State ex rel. Laboyteaux
Indiana Supreme Court
From Fayette Circuit Court; Ferdinand S. Swift, Judge. Action by tbe State of Indiana, on tbe relation of Pearl Laboyteaux, against Joseph W. Walker. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p.. 590.
1Opinion of the CourtMontgomery, J.
This is a bastardy proceeding. The only error assigned is the overruling of appellant’s motion for a new trial. The grounds of the motion urged upon us are refusing to permit appellant as a witness to testify to a statement made to him out of court contradicting the testimony of a witness placed upon the stand by him, and excluding from evidence a letter written by the relatrix to appellant.
*961. *95The relatrix testified that her child was begotten on the night of September 5, 1902. The theory of the defense *96was that one Burgess was the father of the child, and appellant testified that on the night…
2Cases cited11 opinions
- Blough v. ParryIndiana Supreme Court · 1896
- Conway v. StateIndiana Supreme Court · 1889
- Smith v. SmithNew York Court of Chancery · 1834
- Walker v. State ex rel. CorbinIndiana Supreme Court · 1841
- Rhodes v. StateIndiana Supreme Court · 1891
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3Cited by5 opinions
- Huntingdon v. CrowleyCalifornia Supreme Court · 1966
- Smith v. HillIndiana Supreme Court · 1929
- Walker v. State ex rel. LaboyteauxIndiana Court of Appeals · 1908
- State ex rel. Nussear v. BreedenIndiana Court of Appeals · 1908
- Mensing. v. CroterCalifornia Supreme Court · 1930