Page:North Dakota Reports (vol. 48).pdf/754

 STATE OF NORTH DAKOTA, Respondent, v. GEORGE FUCHS, Appellant.

Bastards verdict against defendant held supported by evidence.

1. On an appeal by the defendant from a judgment rendered against him in a bastardy proceeding and from an order denying a new trial, it is held that the verdict has substantial support in the evidence.

Bastards date on which child begotten not material except on question of paternity.

2. In a bastardy proceeding, the principal question to be determined is whether the accused is the father of the child involved; and, ordinarily, the exact day on which the child was begotten is not material except as it bears on such principal question.

Bastards-refusal to permit cross-examination of complaining witness as to civil action against defendant held not prejudicial error.

3. For reasons stated in the opinion, error predicated upon a ruling made in cross examination of the complaining witness is held to be nonprejudicial.

Appeal from the district court of Sheridan County, Nuessle, J.

Bastardy proceedings against George Fuchs. Plaintiff had judgment, and defendant appeals from the judgment and from an order denying a new trial.

Affirmed.

Geo. Thom Jr., for appellant.

Peter A. Winter, for respondent.

, J. This is an appeal by the defendant from a judgment rendered against him in a bastardy proceeding. On November 26, 1920, one Anna Moser made complaint, under oath, before a justice of the peace in Sheridan county, charging:

"That she is an unmarried woman and is pregnant with a child which, if born alive, may be a bastard, begotten by the defendant, on or