Chambers v. State
Supreme Court of Arkansas
APPEAL &om Lincoln Circuit Court. Hon. J. A. Williams, Circuit Judge. The Court should have permitted Appellant to testify in his own behalf. The procedure in bastardy cases under Acts 1879, pp. 96, 93, is a civil one, and of a quasi criminal nature. See decisions of different States upon similar acts. 10 Ctish.
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APPEAL &om Lincoln Circuit Court. Hon. J. A. Williams, Circuit Judge. The Court should have permitted Appellant to testify in his own behalf. The procedure in bastardy cases under Acts 1879, pp. 96, 93, is a civil one, and of a quasi criminal nature. See decisions of different States upon similar acts. 10 Ctish. (Mass.), 283; 2 Conn., 333; 6 J. J. Marsh, 383; 6 Lit., 89. It was no doubt the intention of the Legislature, in amending the Act of 1875, to make the procedure conform to the requirements of the Constitution of 1874, by which jurisdiction in cases of this nature was vested in the…
1Opinion of the CourtSmith, J.
This was a proceeding for the purpose of affiliating a bastard child and compelling aid from the father in its support. It was begun in the County Court, which has exclusive original jurisdiction of such matters, and was removed, by appeal, to the Circuit Court. On the trial the Defendant tendered himself as a witness, but he was not permitted to be .sworn. At the date of the trial (August, 1884,) persons accused of crimes could not testify in their own behalf, but in civil •actions it was no cause for the exclusion of a witness that he was a party to the record. Consequently, the correctness…
2Cases cited2 opinions
- Mann v. PeopleIllinois Supreme Court · 1864
- State v. McIntoshSupreme Court of North Carolina · 1870
3Cited by8 opinions
- State v. TiemanWashington Supreme Court · 1903
- Wimberly v. StateSupreme Court of Arkansas · 1909
- Belford v. StateSupreme Court of Arkansas · 1910
- Land v. StateSupreme Court of Arkansas · 1907
- Eveland v. State Use of FossettSupreme Court of Arkansas · 1934
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