State v. . Ballard
Supreme Court of North Carolina
INDICTMENT for Fornication and Adultery tried at Spring Term, 1878, of Jones Superior Court, before K&rr, J. The defendants were indicted for lewd and lascivious cohabitation under the statute, Bat.
Read the full summary
INDICTMENT for Fornication and Adultery tried at Spring Term, 1878, of Jones Superior Court, before K&rr, J. The defendants were indicted for lewd and lascivious cohabitation under the statute, Bat. Rev. ch. 32 § 46. It was proved on the trial that they were unmarried persons, had lived for five years some three hundred yards apart, on land belonging to the male defendant, and were frequently "together in the fields; that during this period the woman had given birth to several children, of whom all but one were dead, and that the defendant, Joseph Ballard, had been seen with the living child…
1Opinion of the Court
'Smith, C. J.
(After stating the case as above.) No exceptions to the introduction of the evidence or to the charge •of the Judge are set out in the record, and the case expressly states that no objection was made to the evidence admitted by either of the defendants. We have repeatedly de•clared that in- civil actions this Court will not pass on exceptions not taken by the appellant in the Court below, •and will then require a full statement of the facts out of which they arise. This rule is not entirely applicable to •criminal prosecutions, in respect to which it is our duty to ¡see from the…
2Cited by28 opinions
- State v. . GeeSupreme Court of North Carolina · 1885
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- State v. . McDuffieSupreme Court of North Carolina · 1890
- Johnson v. . AllenSupreme Court of North Carolina · 1888
- State v. . PowellSupreme Court of North Carolina · 1890
23 more not listed; retrieve them via the Exa API.