State v. Mottet

This is a filiation proceeding tried to the court. The evidence was in conflict on the question whether the mother had intercourse with the defendant during the critical conception period.

The defendant contends that the trial court should have rejected the testimony of the mother and should have believed the testimony of the defense witnesses, presumably because they were greater in number. Instead the court chose to believe the mother. In spite of the fact that the defense presented the greater number of witnesses, this was within its province. Galbraith v. Devlin, 85 Wash. 482, 148 Pac. 589…