State v. . Ostwalt
Supreme Court of North Carolina
PROCEEDING in bastaedy, commenced before a justice of the peace, charging the defendant with being the father of her unborn bastard child. The defendant was acquitted, and the prosecutrix appealed to the Superior Court. This case, on appeal, came on for trial at August Term, 1895, of Iredell Superior Court, before his Honor, Nor-wood, J., and a jury. In said court the defendant entered the plea of former acquittal and not guilty.
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PROCEEDING in bastaedy, commenced before a justice of the peace, charging the defendant with being the father of her unborn bastard child. The defendant was acquitted, and the prosecutrix appealed to the Superior Court. This case, on appeal, came on for trial at August Term, 1895, of Iredell Superior Court, before his Honor, Nor-wood, J., and a jury. In said court the defendant entered the plea of former acquittal and not guilty. The following issues were submitted to the jury by the court: “ 1. Is the prosecutrix bound by a former acquittal, upon a trial before a justice of the peace?…
1Opinion of the Court
Avery, J.:
In the Act of'1879, Oh. 92, Sec. 2,{The Code, Sec. 35,) it was provided that “ when the issue of paternity shall be found against the putative father, or when he admits the paternity, he shall be fined by the judge or justice not exceeding ten dollars, which shall go to the school fund of the county.” In the same section it was provided further that “ the court shall make an allowance to the woman not exceeding the sum of fifty dollars, to be paid in such installments as the judge or justice shall see fit,” &e. This provision was first enacted in the chapter of the Acts of 1879…
2Cases cited15 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . HatchSupreme Court of North Carolina · 1895
- State v. . BurtonSupreme Court of North Carolina · 1893
- Myers v. . StaffordSupreme Court of North Carolina · 1894
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