#### The People of the State of Illinois ex rel. Hattie Zimmerman, Appellee, v. Arthur Rhoede, Appellant.

Gen. No. 21,910.

(Not to be reported in full.)

Abstract of the Decision.

Bastabds, § 22 * —when evidence insufficient to sustain finding of defendant's guilt. In a bastardy proceeding where there was evidence that relatrix met other men about the time when the child must have been begotten, if it was a full-term child when born, and the evidence was conflicting as to when the intercourse took place between relatrix and defendant, defendant testifying that such intercourse took place at a time which would make the child when born a seven months’ child, and being corroborated in such testimony, evidence examined and finding of guilty held clearly and manifestly against the weight of the evidence.

Appeal from the Municipal Court of Chicago; the Hon. Arthur J. Gray, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Reversed and remanded.

Opinion filed April 12, 1916.

Statement of the Case.

Bastardy proceeding by the People of the State of Illinois, on the relation of Hattie Zimmerman, against Arthur Rhoede, defendant, in the Municipal Court of Chicago, charging defendant with being the father of the bastard child of the relatrix. From a judgment of conviction, defendant appeals.

Emil A. Meyer, for appellant.

Maclay Hoyne, for appellee.

*

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

Mr. Presiding Justice Pam

delivered the opinion of the court.