State v. . Wynne
Supreme Court of North Carolina
INDICTMENT for bastardy, tried at January Term, 1895, of FkaNkliN Superior Court, before Colle, Judge. Tbe indictment is in substance as follows : “ The jurors, &c., present that Walter Wynne, on the 4th of October, 1893, in and upon the body of one Mary Neal did wilfully and unlawfully beget a bastard child, she the said Mary Neal being then and there an unmarried woman, and the said bastard child, as begotten by said Walter Wynne, having been born alive on the fourth day…
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INDICTMENT for bastardy, tried at January Term, 1895, of FkaNkliN Superior Court, before Colle, Judge. Tbe indictment is in substance as follows : “ The jurors, &c., present that Walter Wynne, on the 4th of October, 1893, in and upon the body of one Mary Neal did wilfully and unlawfully beget a bastard child, she the said Mary Neal being then and there an unmarried woman, and the said bastard child, as begotten by said Walter Wynne, having been born alive on the fourth day of July, 1894, still lives and is likely to become a county charge, and he the said Walter Wynne then and there refused…
1Opinion of the Court
Aveby, J.:
The statute {Code, Sec. 35) by imposing a fine for begetting a bastard child, makes the act a criminal offence. State v. Parsons, 115 N. C., 730; State v. Burton, 113 N. C., at page 655; Myers v. Stafford, 114 N. C., at page 240. The limiting of the punishment to a fine of ten dollars ipsa facto confers exclusive original jurisdiction of the criminal offence upon the courts of justices of the peace for twelve months from the time when the offence is committed (Laws 1889, Ch. 504); but after the lapse of a year, the concurrent jurisdiction of Superior and Criminal Courts attaches…
2Cases cited9 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1886
- Strickland v. CoxSupreme Court of North Carolina · 1889
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . FespermanSupreme Court of North Carolina · 1891
- State v. . RussellSupreme Court of North Carolina · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. . AddingtonSupreme Court of North Carolina · 1907
- State v. . OstwaltSupreme Court of North Carolina · 1896
- Flores v. StateSupreme Court of Florida · 1916
- McDonald v. . MorrowSupreme Court of North Carolina · 1896
- State v. . NelsonSupreme Court of North Carolina · 1896
5 more not listed; retrieve them via the Exa API.