Opinion
Term No. 45F4. (Abstract of Decision.)
Opinion filed July 7, 1945 Released for publication August 7, 1945
BASTARDS, § 68 — when concealing death of bastard not proved beyond reasonable doubt. In prosecution for concealing death of bastard, where child was born about 2 weeks after defendant obtained divorce from husband on grounds of desertion, but it appeared parties were not unfriendly, corresponded with each other, and were accessible to each other during gestation period, held that people had failed to prove beyond reasonable doubt that child was bastard, notwithstanding testimony of coroner that defendant told him former husband was not father of child, admission or confession of defendant alone being insufficient (Ill. Rev. Stat. 1943, ch. 38, par. 136; Jones Ill. State. Ann. 37.099).
See Callaghan's Illinois Digest, same topic and section number.
Error to the Circuit Court of Madison county; the Hon. D.H. MUDGE, Judge, presiding.
Reversed and remanded. Heard in this court at the May term, 1945.
L.H. Holland and Henry B. Eaton, for plaintiff in error;
C.W. Burton, State's Attorney, and Fred P. Schuman, Assistant State's Attorney, for defendant in error.
Not to be published in full. Opinion filed July 7, 1945; released for publication August 7, 1945.