People v. Cantine

Circuit Court of the 16th Circuit of Michigan

Decided January 15, 1870

Circuit Court of the 16th Circuit of Michigan · decided 1870-01-15

This was a prosecution for bastardy, under the Statute. After the testimony of prosecution was closed, the defendant was offered to be sworn as a witness on his own behalf.

Decided 1870-01-15

Mitchell J.,

¶1held that it was not a criminal proceeding, and that the respondent might be sworn the same as in civil cases.

¶2On a motion for a new trial this rule was confirmed and a new trial refused, because there was sufficient evidence for 2>rosecution if uncontradicted, and that though fully contradicted the jury had a right to weigh the evidence and give their verdict upon a preponderance, and the Court would not interpos» its judgment as to preponderance.