#### The People of the State of Illinois ex rel. Emily Jane Ray, Appellee, v. John DeWalt, Appellant.

Gen. No. 5,965.

(Not to he reported in full.)

Appeal from the County Court of Marshall county; the Hon. Walter A. Clinch, Judge, presiding. Heard in this court at the April term, 1914.

Reversed and remanded.

Opinion filed July 31, 1914.

Statement of the Case.

Action hy the People of the State of Hlinois ex rel. Emily Jane Bay against John DeWalt charging the defendant with being the father of a bastard child of *4Emily Jane Bay. From a judgment of conviction, defendant appeals.

Abstract of the Decision.

Instructions, § 48 * —when instruction as to weight of evidence misleading. An instruction in a bastardy proceeding telling the jury that the most convincing evidence was on the side of the People, and also telling the jury that the law is that the most convincing evidence is on the side of the People without regard to the number of witnesses, held misleading, and the giving of the same reversible error.

Homer Barney and Quinn, Quinn & McGrath, for appellant.

Henry E. Jacobs, for appellee.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Whitney

delivered the opinion of the court.