Hauskins v. People

Citations

• 82 Ill. 193

Syllabus

<p>1. Bastardy—objections to insufficiency of proof on formal questions, must be made in lower court. Where a complaint is made in a county in this State, charging that a person of such county is the father of a bastard child, and the return on the warrant shows that the defendant was found in that county, and the proof on the questions as to when the child was begotten or born, or where the defendant was found, is not fully called out before the jury, and no question is raised in the circuit court as to the sufficiency of the proof on these points, the objection will be too late when raised for the first time in the Supreme Court.</p> <p>3. Same—appeal lies to circuit court—-trial de novo. The prosecutrix in a bastardy case can take an appeal from an order of the county court dismissing the proceedings, to the circuit court, and upon such appeal, the case will be tried de novo in the circuit court.</p> <p>3. Same—proceedings do not abate on death of child. The proceedings ' in a bastardy case are >al abated by the death of the child, but the court should, where the evidence shows that the child was born alive, and was living when the proceeding was instituted, and died before the trial of the cause, make an order, in case the defendant is found guilty, for the payment by him of so much of the amount fixed by statute as shall have accrued between the birth and death of the child.</p>