State v. Romaine
Supreme Court of Iowa
Appeal from Cedar District Court. This is a proceeding under the statute to charge the defendant with the maintenance of an illegitimate child, of which, it is alleged, he is the father. There was an answer in denial, and an averment that the complainant had made provision for the support and maintenance of the child, by legal articles of adoption. There was a trial by jury, and a verdict of guilty, and judgment thereon, from which defendant appeals.
1Opinion of the CourtRothrock, J.
1. BASTARDY : child born in wedlock : burden of proof. I. It appears that Annie Swart, the mother of the child, was married to Henry Swart, on the 19th of February, 1880; the child in question was born 011 ^he 13th- of May, following. The defendant 0f the gjgter of the complainant, and at the time the child was begotten complainant was a member of the defendant’s family. The defendant requested *47the court to instruct the jury to the effect that the child was not illegitimate, for the reason that it was born in wedlock, and that a child is not a bastard unless begotten and born out of wedlock.…
2Cases cited1 opinion
- State v. McGlothlenSupreme Court of Iowa · 1881
3Cited by18 opinions
- Wallace v. WallaceSupreme Court of Iowa · 1908
- In Re Wray's EstateMontana Supreme Court · 1933
- Bell v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- In Re the Marriage of SchnecklothSupreme Court of Iowa · 1982
- Phillips v. State Ex Rel. HathcockIndiana Court of Appeals · 1925
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