William H. T. v. State ex rel. M. C.

Citations

• 18 Fla. 883

Syllabus

<p>1. A motion for a new trial will not be entertained at a term subsequent to the one at which a cause was tried and a verdict rendered. In order to obtain a new trial on such motion the statute must be complied with. McClellan’s Digest, 453.</p> <p>2. An affidavit made by the complainant in a case of bastardy, alleging that she is a single woman, has been delivered oí a child, which by law is held a bastard, and that the person charged is the father, is sufficient under the statute to authorize the issuing of the process provided thereby. It is not necessary to allege that she was a single, woman prior to such delivery ; that is a matter for proof upon the trial.</p> <p>8. It is not necessary to arraign the defendant on the trial. He answers to the complaint in the Circuit Court, and from thence the proceeding's are conducted as in civil actions. Prosecutions under this statute partake partly of a criminal and partly of a civil character. In getting’ into the Circuit Court it partakes in form of the criminal, when there it is a civil action. It was not designed to punish the accused for crime, hut to make him contribute to the support of the child.</p>