
    The People vs. Charles E. Cantine.
    1, A proBecution for bastardy, undtr the Statute, is not a criminal proceeding,
    2. A preponderance of evidence,-in such a case, is all that is requisite in order to convict,
    
      Macomb Circuit,
    January, 1870.
    This was a prosecution for bastardy, under the Statute.
    After the testimony of prosecution was closed, the defendant was offered to be sworn as a witness on his own behalf.
   Mitchell J.,

held that it was not a criminal proceeding, and that the respondent might be sworn the same as in civil cases.

On a motion for a new trial this rule was confirmed and a new trial refused, because there was sufficient evidence for 2>rosecution if uncontradicted, and that though fully contradicted the jury had a right to weigh the evidence and give their verdict upon a preponderance, and the Court would not interpos» its judgment as to preponderance.  