28 Del. 262 | New York Court of General Session of the Peace | 1914
charging the jury.
Gentlemen of the jury:—By the information filed here, on appeal from the Municipal Court of this city, it is charged that William M. Bradfield did unlawfully and without just cause willfully neglect to provide for the support and maintenance of William M. Bradfield, Jr., his illegitimate child, being under the age of sixteen years and in necessitous circumstances.
The case is to be tried here the same as though the charge had been made in this court by indictment, in the first instance.
Section 1, Chapter 262, Volume 27, Laws of this state, provides, among other things, that—
***** any parent who shall, without lawful excuse, desert or wuUfully neglect or refuse to provide for the support and maintenance of his or her legitimate or illegitimate child or children, under the age of sixteen years, in destitute or necessitous circumstances, shall be guilty of a misdemeanor. * * * And it is hereby made the duty of the parent of any illegitimate child or children, under the age of sixteen years, to provide for the support and maintenance of such illegitimate child or children.”
With these instructions you are to determine whether, or not, under all the facts and circumstances of the case, William M: Bradfield, the accused, is the father of this child or is not. If you find, beyond a reasonable doubt, that he is the father, your verdict should be guilty. If, on the other hand, you do not so find, your verdict should be not guilty.
Verdict, guilty.