People Ex Rel. Banks v. Robinson

This is a paternity action brought by the State on the relation of Brenda Banks who alleged that a child was born to her out of wedlock on June 20, 1972, and that the father was defendant, Lawrence Leon Robinson. After a bench trial the court entered judgment in favor of defendant and plaintiff appeals.

The issue presented on appeal is whether a hearsay statement is admissible when there is no showing that the alleged declarant is unavailable or that the surrounding circumstances are such as would naturally lead to a trustworthy recitation of the event by the witness. Defendantappellee filed…