Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-10-11
Supreme Court
FROM cAss COUNTY.

'USm NAoo NOONtS.
, State of North Dakota, Plaintiff ant
Respondent; VS..
Francis Brunette, Defendant and Ap
pellant.
~ A bastardy proceeding which
IS brought under the provisions O
chapter b, R. C. 1905, although quasi
criminal In its nature is governed, in
sonar as it's trial is concerned by the
law regulating civil actions.
w In a bastardy proceeding
which is brought under the provisions
OF Chapter 5. R. C. 1905, evidence as
to the reputation of the defendant fol-
chastity is not admissible.
(3) Before the contents of medical
books may be read in the presence OF
the jury for the purpose of recruiting
testimony of a medical expert, it is
first necessary that the attention OF
the witness should have been called
to such books and that he should
have based his opinion on the same,
and it would be a mere evasion of the
general rule to allow counsel In the
cross examination to read to the wit
ness portions of a medical works and
to ask him If he c%oncurred in or diff
fered from the opinions therein ex-
pressed, where the attention of the
witness had not been first directed to
them and his testimony had not been
shown to have been based thereon.
Such a proceeding would be nothing
more or less than %impeaching the wit
ness by a textbook on which he had
in no way relied and would be the
same as offering in evidence the text
book read from.
a. 1t is not error in a bastardy
proceeding to permit the complaining
witness to testify that the defendant,
before the acts Of intercourse com
planned Of, Led her to believe that
they were to be married, as such evil
dence tends to SHOW the relationship
OF the parties and is corroboratiye in
it's nature.
g. 1t is not error to refuse to per-
nit the complaining witness to testi.
fy as to presents given her by other
men when the questions asked are
general and are not confined to the
llllCS Ill issue. -r g 81.
CO. Where counsel for defendant
in his closing argument makes a
statement This is NJ, ! could say
more, l couldn't say less. He is an
absolutely unreliable mar and an alb
solutely unreliable police magistrate"
and there is no evidence in the rec
ord which tends in any way to ques-
ton the general reliability of the
witness, nor any which casts discred-
it upon his career as a police magis-
trate, it is not error for the court to
say II think you will have to be a
little careful, Mr.. H in the use of
your words. You have a certain lati-
tude but beyond that please don't 60
s # + getting SO close to the line it
was dangerous,
90 1t is not error in a bastardy
proceeding to refuse to allow the
complainant to testify on cross-ex-
animation as to whether she had, out
side of the period of CESSATION, asked
the defendant to go with her to a
house of prostitution.
60 1t is not necessary to a con-
viction under Chapter 5, of the crimi-
nal code OF lNorth{ Dakota, R. C. 1905,
that the testimony of the complain
ant should be corroborated by other
evidence,
(9) Where counsel wishes to take
of alleged errors in the
counts charge he should point out
the portion of the charge which is
subject to criticism and wherein the
defects, if any, consist.
(10) Sec. 96y5, r. c., 1905 which
provides that In a bastardy proceed
ing and in cases of a verdict of guilty,
the court "shall render such judg.
ment as may be necessary to secure.
with the assistance Of the mother,
the maintenance, Of such child until
such time as the child is likely to
be able to support itself y - The
may at any time upon the mo-
ton of either party, upon ten days
to the other party, vacate or
such Judgment as justice may
require" presupposes that the court
shall reasonably a~cquaint himself
with the necessities of the case. 1t
nowhere however, provides for the
method or how the information shall
be obtained. The taking of testi-
mony therefore upon such questions
and before the rendition Of judgment
is not necessary where the station in
life, age and occupations Of all of the
Interested have been fully ex-
posed upon the trial and especially
where the defendant takes no excep-
ton to the methods pursued by the
trial court unit after the rendition Of
the judgment.
Appeal from the district court f
Cass County. Prosecution for bast-
Judgment for plaintiff. De-
appeals.
Affirmed. Opinion of the Court by
J..
A. W. Fowler, of Fargo. North Da
kota. states attorney Of Cass County,
2.torney for plaintiff and respondent.
M. A. Hildreth Of Fargo, North Da-
kota, attorney for defendant and ap-
pel!ant.
run Uu Tn llurN.