Legal Opinion

Sterling v. Sterling

Supreme Court of Vermont

Decided February 15, 1868PublishedCited by 6 opinions

Complaint for bastardy; sworn to November 28,1865. Plea, not guilty. Trial by jury, May term, 1867, Barrett, J., presiding.

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Complaint for bastardy; sworn to November 28,1865. Plea, not guilty. Trial by jury, May term, 1867, Barrett, J., presiding. The complainant testified, and her testimony tended to prove that the defendant had intercourse with her on the 31st day of May, 1865, and that the child was then begotten by the defendant ; that at that time she was sixteen years of age; that the child was born on the 4th day of March, 1866 ; that she was a single woman and never married; that at the age of six years the defendant and his wife took her to bring up as their own child (they having no children of their…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The evidence introduced on the part of the defense,, tending to show sexual intercourse by the plaintiff with others than the defendant, and acts of indecent familiarity with them, tending, as was claimed, to show such intercourse, outside of the time within which, according to the course of nature, the child in. question could have been begotten, was improperly admitted. Evidence of this character is limited to such acts within the time the child could have been begotten. This evidence was not rendered admissible by the inquiries as to such…

2Cases cited3 opinions

  1. Connecticut & Passumpsic Rivers Railroad v. BaxterSupreme Court of Vermont · 1860
  2. Sweet v. ShermanSupreme Court of Vermont · 1848
  3. Thayer v. DavisSupreme Court of Vermont · 1865

3Cited by6 opinions

  1. Comstock's v. JacobsSupreme Court of Vermont · 1911
  2. State v. HopkinsSupreme Court of Vermont · 1877
  3. State v. MeaderSupreme Court of Vermont · 1881
  4. Hall v. JonesSupreme Court of Vermont · 1883
  5. State v. HeaderSupreme Court of Vermont · 1881

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