MONTGOMERY v. WATTS

No. 63-77.

380 A.2d 75 (1977)

Robert MONTGOMERY et al. v. Robert W. WATTS.

Supreme Court of Vermont.

October 31, 1977.


Attorney(s) appearing for the Case

Gensburg & Axelrod, St. Johnsbury, for plaintiffs.

Witters, Zuccaro, Willis & Lium, Inc., St. Johnsbury, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS, and HILL, JJ.


BILLINGS, Justice.

This cause arises by reason of appeal by the appellant-defendant who was found guilty of paternity as a result of a jury verdict. 15 V.S.A. § 331. At trial, the court instructed the jury that the degree of proof on the issuance of paternity is by a preponderance of the evidence. The appellant urges that the proper degree of proof in paternity cases is the higher civil standard of clear and convincing evidence. We do not agree.

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