Jones v. State

• Decision Date: 29 September 1931
• Docket Number: 20519.
• Citation: 4 P.2d 85,152 Okla. 139,1931 OK 571
• Parties: JONES v. STATE.
• Court: Oklahoma Supreme Court

4 P.2d 85

152 Okla. 139, 1931 OK 571

JONES v. STATE.

No. 20519.

Supreme Court of Oklahoma

September 29, 1931

Rehearing Denied Oct. 27, 1931.

Syllabus by the Court.

"In an action for the support of a bastard child under section 8059, C. O. S. 1921, it is the state of pregnancy or the birth of the child which fixes the responsibility of the putative father, and not the date of conception."

"In an action under said section, a complaint which shows under oath that the affiant is the mother of a bastard child, that she is a resident of the county in which the complaint is made, and that the defendant is the father of such child states facts sufficient to constitute a cause of action under such section."

"An action brought under section 8059, C. O. S. 1921, is in the nature of a civil action, and all that is required of the plaintiff is to prove the case by a fair preponderance of the evidence."

Appeal from County Court, Washita County; Jesse Stovall, Judge.

Bastardy proceeding by the State against Kermit Jones. From an adverse judgment, defendant appeals.

Affirmed.

Martin & Martin, of Gatebo, for plaintiff in error.

J Berry King, Atty. Gen., and J. H. Lawson, Asst. Atty. Gen for the State.

LESTER C.J.

This cause was commenced by the filing of an affidavit in the county court of Washita county, Okl., by Alice Dobbs, as prosecuting witness, against Kermit Jones, as defendant charging him with being the father of her bastard child. The action was brought in the name of the state of Oklahoma, as provided by law. The parties will be referred to as they appeared in the court below.

The defendant assigns numerous specifications of error, only three of which are necessary to dispose of this appeal:

"That said court erred in overruling the motion to make complaint more definite and certain, to which the plaintiff in error duly excepted in open court at the said time.

That the said court erred in overruling the demurrer of the plaintiff to the complaint filed therein, which was duly excepted to in open court at said time.

That the judgment of the court and verdict of the said jury are contrary to law."

The cause was tried to a jury, which returned a verdict of guilty, and the court thereupon rendered judgment against the defendant in the sum of $975; $100 to be paid on the 1st of March, 1929, and $25 per month thereafter payable on the 1st day of each month until full amount of said judgment was paid.

The complaint filed in this cause is as follows:

"Now on this 3rd day of October, 1928, personally appeared before me Alice Dobbs, a female person, who being first duly sworn upon her oath says, that she resides in Washita County, and State of Oklahoma; that on the 6th day of September, 1928, she gave birth to a male child, that said child is a bastard and that one Kermit Jones is the father of said child and that said child was born alive and is still living.

Wherefore she prays that a warrant in bastardy be issued out of the above named court for the arrest of the said Kermit Jones, and that he be brought before said court and be dealt with according to law."

The defendant insists that the trial court erred in overruling motion to make complaint more definite and certain. This alleged error is answered adverse to the...