Mann v. People

Citations

• 35 Ill. 467

Syllabus

<p>1. Bastardy—prosecution therefor, whether of a civil or criminal nature. A prosecution for bastardy is regarded as a civil not a criminal proceeding. So it is not essential to a conviction that the evidence of guilt shall exclude every reasonable doubt, but a preponderance of proof will be sufficient.</p> <p>2. Evidence—presumption that a child was horn alive—of the rule in civil and criminal cases. In a prosecution for bastardy, it being proven that the woman gave birth to a child on a given day, it may be inferred the child was born alive and is still living. A different rule may prevail in criminal prosecutions, but it is legitimate in civil causes such as this.</p>