E. N. E. v. State ex rel. Lulu E.

Citations

• 25 Fla. 268

Syllabus

<p>1. While the statutory proceeding in bastardy is quasi criminal, when the case gets into the Circuit Court it becomes a civil action between the prosecutrix and the defendant, and the rules of evidence which govern in other civil actions govern in this ; so that it is not error to charge that the preponderance of evidence, and not the benefit of a reasonable doubt, must be the guide for the jury in finding their verdict.</p> <p>2. Being an action in which the prosecutrix is a party, her declarations in conversation with a witness for the defendant in regard to the matter in issue may be proper evidence, and it is error not to permit questions to the witness as to such conversation, because she is a party though she may be also a witness ; but if intended to impeach her credit as a witness merely, such questions would not be proper iu the absence of the usual predicate.</p> <p>3. A charge of the court as to the period of gestation of a healthy woman for a healthy child, is a charge of fact not permitted by our practice, and erroneons.</p>