State v. . Hedgepeth
Supreme Court of North Carolina
Proceeding in bastardy tried before Bryan, J., and a jury at January Term, 189S, of Franklin Superior Court, on appeal by the defendant from the judgment of a Justice of the Peace. The defendant pleaded not guilty and contended that the prosecution was barred by lapse of time, the Superior Court having held that a proceeding in bastardy is a criminal action. It appeared from the evidence that more than two years, but not three years, had elapsed since the birth of the child.
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Proceeding in bastardy tried before Bryan, J., and a jury at January Term, 189S, of Franklin Superior Court, on appeal by the defendant from the judgment of a Justice of the Peace. The defendant pleaded not guilty and contended that the prosecution was barred by lapse of time, the Superior Court having held that a proceeding in bastardy is a criminal action. It appeared from the evidence that more than two years, but not three years, had elapsed since the birth of the child. The defendant asked the Court to charge that the proceeding was barred which request was refused and defendant excepted…
1Opinion of the Court
Douglas, J.:
This is an appeal in bastardy proceedings, wherein the defendant was convicted. The only question brought before us is the Statute of Limitations, the defendant contending that, as more than two years had elapsed since the birth of the child before the bringing of this action, its prosecution was barred under Section 1177 of The Code. We do not think so. Whatever may be the nature of the proceedings, Section thirty six of The Code specifically provides that: “All examinations upon oath to charge any man with being the father of a bastard child, shall be taken within three years…
2Cited by2 opinions
- State v. . BradshawSupreme Court of North Carolina · 1938
- Duff v. Commonwealth ex rel. HuffCourt of Appeals of Kentucky · 1962