Legal Opinion

State v. Rogers

Supreme Court of North Carolina

Decided October 30, 1963No. 289PublishedCited by 8 opinions

1Opinion of the CourtDeNNY, C.J.

The indictment upon which the defendant was tried was based upon G.S. 14-178, which reads as follows: “In all cases of carnal intercourse between grandparent and grandchild, parent and ichild, -and brother and sister of the half or whole blood, the parties shall be guilty of a felony, and shall be punished for every such offense ■by imprisonment ion tbe State’s prison for a term not exceeding fifteen years, in the discretion of the court.”

In S. v. McDowell, 101 N.C. 734, 7 S.E. 785, it is said: “When a child is 'born in wedlock the law presumes it to be legitimate, and unless 'bom under such…

2Cases cited18 opinions

  1. State v. . SaulsSupreme Court of North Carolina · 1925
  2. People v. KaiserCalifornia Supreme Court · 1897
  3. State v. EllisSupreme Court of Missouri · 1881
  4. Ray Ex Rel. Gudger v. RaySupreme Court of North Carolina · 1941
  5. State v. . McDowellSupreme Court of North Carolina · 1888

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3Cited by8 opinions

  1. Eubanks v. EubanksSupreme Court of North Carolina · 1968
  2. State v. SheltonCourt of Appeals of North Carolina · 2004
  3. State v. VincentSupreme Court of North Carolina · 1971
  4. County of Lenoir Ex Rel. Cogdell v. JohnsonCourt of Appeals of North Carolina · 1980
  5. Commonwealth v. DoeMassachusetts Appeals Court · 1979

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