for the Court:
In this paternity case the appellees, Shaun and Shnita Washington, minors, brought an action through their mother, Brinda Washington Johnny, in the County Court of Jackson County pursuant to Section 93-9-15, Mississippi Code Annotated (1972). They sought to have Albert “Pete” Davis declared their natural father. A judgment was entered in accordance with a jury verdict finding the appellant to be the father of the twin children.
The first of two assignments of error is that a reference to an alleged finding of paternity by the Youth Court of Jackson County was highly prejudicial to the dеfendant’s case. In 1974, about one year after the twins were born, Ms. Johnny brought a neglect proceеding against Mr. Davis in the Youth Court of Jackson County. The order issued by the Youth Court Judge states in pertinent part, “The father of said minors, Albert ‘Pete’ Davis should be ordered and directed to pay the sum of $15.00 per week to thе Jackson County Welfare Department ... for the support and maintenance of his minor children...”
At trial, Ms. Johnny’s attorney, during re-direct examination, questioned her concerning the youth court order as follows:
Q. Would you look at this and tell me if this is the order that you are referring to?
Yes, it is.
Q. And does it state in there anyway that Albert “Pеte” Davis is the father of these children?
A. Yes.
BY MR. BANAHAN: I would offer the order as an exhibit to Mrs. Johnny’s testimony.
BY MR. DORSEY: Any objections?
BY MR. DORSEY: Yes sir.
BY ,THE COURT: State your objection.
BY MR. DORSEY: I object on thе grounds that is a purported order, that was not arrived at ... It states in there of the finding of fact ... Pete Davis is the father of said minors. If that is true, then we are going to give full faith and credit and should not be here now, because that is exactly what we are trying to determine now is the issue of paternity. This paternity was never held in Yоuth Court and it was (phonics) our defense to it. It never has been held there. Therefore, no purportеd order should be introduced here that would say he was the father when the proper procedure was not used.
The objection was sustained and the order was not admitted as an exhibit; however, this allegеdly damaging testimony was before the jury without an instruction to disregard. Section 93-9-15, Mississippi Code Annotated (1972), places jurisdiction
In Green v. State,
It is a matter of cоmmon knowledge that jurors, as well as officers in attendance upon court, are very susceptiblе to the influence of the judge. The sheriff and his deputies, as a rule, are anxious to do his bidding; and jurors watch closely his conduct, and give attention to this language, that they may, if possible, ascertain his leaning to оne side or the other, which, if known, often largely influences their verdict,
97 Miss. at 838 ,53 So. at 416 .
In Young v. Anderson,
The effect of Ms. Johnny's testimony concerning the Youth Court Order was to allow the Youth Court Judge to testify through his order that the appellant was the father of the twins. In our oрinion, a jury is very likely to place great weight on the testimony of an officer of the court. Therefоre, the admission of Ms. Johnny’s references to the Youth Court Order finding Davis to be the father of the twins was very prеjudicial to him which requires reversal.
In his next assignment of error Davis contends it was error for the trial court to admit into evidence any references to blood tests performed on the parties. Prior to triаl, Davis requested a paternity blood test pursuant to Section 93-9-21, Mississippi Code Annotated (1972). He signed a witnеssed blood test consent form in which he agreed that the test results could be used in court to aid in determining рaternity-
In Price v. Simpson,
Although this Court is aware of the expense and trouble in calling expert witnesses in a рaternity case, the statute requires it. We do not reach the interesting question of whether the parties to the suit might stipulate, with consent of the court, that the medical expert need not be called.
REVERSED AND REMANDED.
