Seman v. People

• Decision Date: 30 October 1879
• Citation: 42 Mich. 141,3 N.W. 304
• Court: Michigan Supreme Court
• Parties: OSCAR SEMAN v. THE PEOPLE.

3 N.W. 304

42 Mich. 141

OSCAR SEMAN v. THE PEOPLE.

Supreme Court of Michigan

October 30, 1879

In a prosecution for bastardy it is not essential that the defendant's guilt be shown beyond "a reasonable doubt," but only that it be established by a clear preponderance of evidence.

Certiorari to circuit court.

Fenn & Donaldson, for plaintiff.

Otto Kirchner, Attorney General, for the people.

CAMPBELL, C.J.

The only error set up in this cause, which is a bastardy case, is that the court below denied a request to charge the jury that they should not find against respondent below unless the testimony satisfied them beyond a reasonable doubt of his guilt, and did charge them that they might be satisfied by a clear preponderance of evidence.

The nature of these proceedings was explained in Cross v. People, 8 Mich. 113, as not criminal in the proper sense of the term, but special and peculiar. The judgment, if it can be properly called a judgment, involves none but civil consequences. We do not think the rule holding it necessary to establish misconduct beyond a reasonable doubt is one which needs any extension. It is very proper when a person is subjected to criminal punishment, and is well rooted in criminal jurisprudence. But it is the nature of the prosecution, and not the character of the act, which authorizes its application. We held in Elliott v. Van Buren, 33 Mich. 49, 20 Am.Rep. 668, that where a criminal act came in controversy in a civil cause the rule did not apply. We think the principle of that case governs this, and that there was no error in the rulings below. Judgment is affirmed.

(The other justices concurred.)