Busse v. State
Wisconsin Supreme Court
. EitROR to review a judgment of the municipal court of Dane county: E. Ray Stevehs, circuit judge, sitting for the municipal judge. Plaintiff in error, upon trial to the Dane county municipal court without a jury, was convicted of being the father of the illegitimate child of complaining witness, and adjudged to pay $100 to her, besides the costs of the proceeding, and $6 per month until the child should attain the age of seven years.
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. EitROR to review a judgment of the municipal court of Dane county: E. Ray Stevehs, circuit judge, sitting for the municipal judge. Plaintiff in error, upon trial to the Dane county municipal court without a jury, was convicted of being the father of the illegitimate child of complaining witness, and adjudged to pay $100 to her, besides the costs of the proceeding, and $6 per month until the child should attain the age of seven years. He brings this writ of error to review such judgment.
1Opinion of the CourtDodge, J.
Paternity, cannot be established against defendant beyond reasonable doubt if it appear that the prosecutrix had intercourse with another man at a time consistent with the latter’s responsibility for her pregnancy. Under such circumstances the law refuses to recognize the ability of the mother or any one else to know with any sufficient measure of certainty that defendant is in fact the parent. Baker v. State, 47 Wis. 111, 2 N. W. 110. The period for conception in this case extended, according to expert testimony, from about July 27 to about September 15, 1904; mid-August being the most…
2Cases cited5 opinions
- Burroughs v. City of MilwaukeeWisconsin Supreme Court · 1901
- Koepke v. City of MilwaukeeWisconsin Supreme Court · 1901
- Konkel v. Town of PellaWisconsin Supreme Court · 1904
- Peat v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
- Baker v. StateWisconsin Supreme Court · 1879
3Cited by7 opinions
- State Ex Rel. Isham v. MullallyWisconsin Supreme Court · 1961
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Jacobsen v. StateWisconsin Supreme Court · 1931
- Van Dunk v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
- State v. SouthAllNorth Dakota Supreme Court · 1924
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