The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 4

The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...thc unsupported testimony of C. G. C., the complaining witness. The substance of her testimony, as shovn by the record, was that Spurgcon commenced his visits at her father's house, in Rock _Blufl's, about the 1st of November, 1874, and.aftcr about two or three weeks, under a promise of-marriage, commenced havlng sexual intercourse with her, which resulted in the birth of a child, on the 14th of August, 1875. In addition to this, she swore positively that she had sexual intercourse with no one but John 1874, Spurgeon lived with them in Mills County, Iova, some thirty miles from Rock Blufis, where the alleged intercourse took place, and that from the 15111 of September to the 24th of December he was not absent from that placc at all. If this testimony be worthy of belief, if these two witnessw are credible, and there is nothing in the record to impeach them, it would seem to establish a complete and perfect defense; and the prosecution having failed to produce a syllable of rebutting evidence upon this point, or anything to discredit O. and his wife, their testimony cannot be disregarded, but must be given some weight in the decision of the case. By the testimony an alilri was clearly proven, and a new trial on this ground should have been granted. Section 6 of the Bastardy Act provides " that in case the jury find the defendant guilty, or such accused person before the trial shall confess that the accusation is true, he shall be judged the reputed father of such child." The failure to observe this requirement of the statute is fatally defective. Opinion by LAKE, C. J. New trial granted. Spurgeon, the accused. On the other Bcamox et "ua, -. 1). Gonnsm) et al., Exe hand, we have the testimony of Spurgeon himself, in...show more

Product details

  • Paperback | 476 pages
  • 189 x 246 x 24mm | 844g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236936116
  • 9781236936110