Thomas v. State ex rel. Roberts

Citations

• 37 Fla. 378

Syllabus

<p>1. One of the grounds of motion for new trial is error alleged in a charge of the Gourt to the jury. The transcript of the record does not show what charges, if any, were given to the jury, and it does not otherwise appear than by the recitation in the motion for a new trial that the court gave the jury the charge complained of, therefore the alleged erroneous matter not appearing affirmatively of record, can not be reviewed by this court. -</p> <p>2. A complaint in a bastardy proceeding which alleges that the complainant “is a single woman, and is now pregnant with child within the said sixth justice district of the county of Hillsborough, in the State of Florida, .which said child when born will in law be deemed and held to be a bastard, and that the defendant (naming him) of the said county of Hillsborough and State of Florida, is the father of said child,” is sufficient. Such complaint is not required to state that the complainant was not a married woman at the time, of conception of the child. The averment “which said child when born will in law be deemed and held to be a bastard,” when connected with the other allegations of the complaint can not be held to be only an allegation of a conclusion of law.</p>