State v. . Summerlin

It is apparent from comparison of tbe original warrant with its final amended content that the proceeding had so substantially changed character in the Superior Court that the defendant was tried and convicted on the criminal offense of willfully failing and neglecting to support his illegitimate child, who was only one day 1 old when the warrant was issued. The suggestion that the result of the proceeding might be sustained — only as settling the paternity — is not tenable, since that is not the theory on which the case was tried. The question of paternity was incidental to the prosecution…