36 ALAAPP 349 - Sims v. State

How this case has been cited

Cited by 6 later decisions — most recently October 1981

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

CARR, Presiding Judge.

¶1The basis of this appeal is a bastardy proceeding. Title 6, Section 1, Code 1940.

¶2In the court Ibelow the appellant was adjudged to be the father of the illegitimate ■child of Minnie Lee Sims.

¶3Our review is invited by two assignments ■of error, each relating to the action of the ■court in refusing a written instruction.

¶4The charges are:

¶5“1. The court charges that, if there is •■a possibility of defendant’s innocence, you should acquit him.

¶6“2. The court charges the jury that if the evidence is not so convincing as to 'lead the minds of the jury to the conclusion that he is guilty, they must find him not .guilty.”

¶7While bastardy proceedings are ■quasi criminal, the rule relating to the •measure of proof is governed by civil procedure. Oliver v. State, 31 Ala.App. 146, 13 So.2d 891; Harris v. State, 28 Ala.App. 23, 177 So. 311.

¶8The written charges of instant concern do not conform to this rule.

¶9The judgment below is ordered affirmed.

¶10Affirmed.