State v. Ballard
Supreme Court of North Carolina
Proceeding in bastardy heard before Bryan, J., at Fall Term, 1897, of Bertie Superior Court on appeal from a judgment of a Justice of the Peace adjudging the defendant to be not guilty. His Honor being of the opinion that no appeal, under the law, accrued to the prosecutrix or to the State, dismissed the action at the cost of the prosecutrix, who appealed.
1DissentClark, J.
Ostwalt, 118 N. C., 1208, it was held that bastardy had been turned into a criminal offence because the legislature of 1879 had interpolated the provision now embraced in Section 35, of The Code that a *1027fine ‘-not exceeding ten dollars” may be imposed for the benefit of the school fund. But the decision is so contrary to decisions on similar matters, so opposed to the intent and spirit of the entire chapter upon bastardy, and has been so destructive of the efficiency of the statute, and has overruled so long a line of decisions, that the court might well return to the ancient landmarks. There…
2Cases cited16 opinions
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. . PeeplesSupreme Court of North Carolina · 1891
- State v. . CrouseSupreme Court of North Carolina · 1882
11 more not listed; retrieve them via the Exa API.