
    STATE, ex rel. BROOKS, Appellee, v SMITH, Appellant.
    Ohio Appeals, Second District, Franklin County,
    No. 4123.
    Decided January 14, 1948.
    William H. Brooks, Columbus, for appellee.
    L. F. Henderson, Columbus, for appellant.
   OPINION

By THE COURT.

Submitted on motion by the defendant for leave to appeal from a judgment rendered on November 8, 1947, finding the defendant to be the father of an illegitimate child. To' this motion the plaintiff has filed a motion for dismissal for failure to comply with §12223-7 GC in that a notice of appeal was not filed within twenty days after the journalizing of the order overruling the motion for a new trial. The defendant is relying upon §13459-4 GC which defines the procedure to be followed in criminal cases. However, bastardy proceedings are only “quasi-criminal”, and Ohio courts are inclined to place them in a civil category. 5 O'. Jur. 543. In State, ex rel. Pennington v Barger, 74 Oh Ap 58, it was specifically held that while bastardy proceedings have some of the characteristics of a criminal proceeding, it is essentially a civil action governed in trial and appeal by the law applicable thereto.

The motion to dismiss is sustained.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.  