Wilson v. Hendrix

Citations

• 125 Miss. 273
• 87 So. 645

Syllabus

<p>Bastards. Instruction limiting consideration to intercourse by defendant held erroneous under evidence.</p> <p>In a bastardy case it is error to instruct the jury that the “sole and only question in this case is whether or not the defendant had intercourse with the prosecutrix at or near the proper time which in the course of nature would or might make him the father of her child,” when there was evidence to support, the theory that another man had probably had intercourse with the prosecutrix within the period of gestation.</p>