State Ex Rel. Burghart v. Haslebacher

Since the opinion of this court in the case of State v. Newman, 109 Or. 61 (218 Pac. 936), it is definitely settled in this state that a proceeding of the character of the case at bar is in the nature of a civil action, and, in discussing the quantum of evidence necessary to justify a verdict, we shall so treat it.

The complaint in this case charges that the first sexual intercourse between the parties took place on the fourth day of August, 1925, but the defendant testified that in fact the date was September 6, 1925, and that the date August 4th was a mistake. Such a mistake in dates is not…