Stephens v. Worley

VAUGHN, Judge.

The sole issue is whether a judgment of acquittal in a criminal bastardy action, based upon a general verdict which does not include findings of fact, will sustain a bar of res j udicata to a subsequent civil action to establish paternity. We conclude that the doctrine of res judicata does not apply to the record in this case and reverse the entry of dismissal against Robeson County.

The doctrine of res judicata bars litigation of a matter in the following situation only:

when there has been a final judgment or decree, necessarily determining a fact, question or right in issue,…