Summary
In State v. Stevens (1970), 22 Ohio St.2d 4, 51 O.O. 2d 2, 257 N.E.2d 396, the Supreme Court reversed the court of appeals in a child neglect case, stating that first, "`it is relevant * * * to determine paternity'" and remanded the case to the lower court for a determination of paternity based on blood grouping tests, etc.
Summary of this case from In re Custody of DavisOpinion
No. 69-566
Decided April 1, 1970.
Criminal law — Child neglect — Section 2903.08, Revised Code — Paternity an element of offense — Evidence to establish or disprove — Blood grouping tests — Mandatory for court to order, when.
APPEAL from the Court of Appeals for Hamilton County.
Mr. William A. McClain, city solicitor, Mr. Ralph E. Cors and Mr. J. William Duning, for appellee.
Mr. Richard D. Teeple, for appellant.
Defendant was convicted in the Hamilton County Municipal Court of child neglect, in violation of Section 2903.08, Revised Code, and the Court of Appeals affirmed that judgment.
One of the elements of the crime is paternity. Any evidence which would tend to establish or disprove paternity is relevant to the inquiry. State v. Snyder, 157 Ohio St. 15. Section 2317.47, Revised Code, makes it mandatory for the trial court, on motion, to order blood grouping tests when "it is relevant * * * to determine paternity * * *." Defendant's motion for the tests should have been granted.
Therefore, the judgment of the Court of Appeals is reversed and the cause is remanded to the Hamilton County Municipal Court for further proceedings.
Judgment reversed.
LEACH, O'NEILL, SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.
CHIEF JUSTICE TAFT participated in this case which was, however, decided after his death.
LEACH, J., of the Tenth Appellate District, sitting for MATTHIAS, J.