McFarland v. People

Citations

• 72 Ill. 368

Syllabus

<p>1. Bastardy—-jury to determine weight to he given to testimony of prosecutrix, from all the evidence. Whether the evidence of the prosecutrix in a bastardy case is entitled to greater or less weight on any point in the case than other witnesses, depends upon the degree of fidelity with which she and they adhere to the truth, and must be determined by the jury, from all the evidence in the case.</p> <p>3. Same—plaintiff must make out a case hy preponderance-of the evidence. It is incumbent upon the plaintiff in a bastardy case, as in all other civil cases, to make out a case by a preponderance of evidence.</p> <p>3. Where the mother of a bastard child swears that the defendant is its father, and the defendant swears that he is not, and they are of equal credibility, the one offsets the other, and, unless there is other testimony given or circumstances proved which gives the preponderance to the plaintiff, the defendant should be acquitted.</p>