54 Neb. 404 | Neb. | 1898
The plaintiff in error was charged in a complaint made and filed with a justice of the peace in Platte county, by one Anna Schultz, an unmarried woman, with the pa
In proceedings to this court it is urged for plaintiff in error that the trial court erred in several of the paragraphs of its charge to the jury in assuming as an established fact that the prosecutrix was pregnant at the time she filed the complaint with the justice of the peace. The fact to which reference was made was proven and not controverted, and it was not error for the trial court to so state it in the instructions. (Gran v. Houston, 45 Neb. 818; 2 Thompson, Trials sec. 2295.)
It is also argued that the evidence was insufficient to sustain the verdict. On this point it may be said that a careful reading of the evidence discloses a direct conflict therein relative to the main issuable facts, and such conditions that ha,d the jury returned a verdict favorable to the plaintiff in error it could not have been said to be unsupported by sufficient of the evidence; but on the other hand it was shown that the complainant gave birth to an illegitimate child at a stated date, and there was sufficient evidence of sexual intercourse with the mother by plaintiff in error at such times as, combined' with the other facts and circumstances of evidence, to give support to a verdict which asserted and fixed his fatherhood of the child of the complainant. This being true, the verdict cannot be successfully assailed as unsupported by the evidence.
It is also contended that the judgment is excessive. As we have before stated, it was in the aggregate for
Affirmed.