#### The People of the State of Illinois ex rel. Nellie Markowski, Defendant in Error, v. Joseph Wojczekowski, Plaintiif in Error.

Gen. No. 22,490.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles H. Bowles, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed December 18, 1916.

Statement of the Case.

Bastardy proceeding by the People of the State of Illinois on the relation of Nellie Markowski against Joseph Wojczekowski, defendant. To review a judgment against him, the defendant prosecutes a writ of error.

E. M. Seymour, for plaintiif in error.

Maclay Hoyne, for defendant in error; Edward E. Wilson, of counsel.

Abstract of the Decision.

1. Bastards, § 22 * —when evidence justifies judgment against the defendant. In a bastardy proceeding, evidence held to justify a judgment against the .defendant.

2. Bastards, § 22*—when evidence sufficiently shows that child was horn alive. In a bastardy proceeding, held that the defendant’s contention that there was. no proof that the child was born alive was without merit where the child was present in court and the jury saw it.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.