State v. . McDowell
Supreme Court of North Carolina
The defendant is charged with being the father of a bastard child, in a proceeding originally commenced before a Justice of the Peace in the county of CUMBERLAND, and carried by appeal to the Superior Court and tried before Philips, «71, at Fall Term, 1888, of said Court.
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The defendant is charged with being the father of a bastard child, in a proceeding originally commenced before a Justice of the Peace in the county of CUMBERLAND, and carried by appeal to the Superior Court and tried before Philips, «71, at Fall Term, 1888, of said Court. The oath and examination of Ann Patterson, the prosecu-trix, and mother of the child, were read in evidence, and then, after having said, in answer to a preliminary question, that “ she had been married, but her husband left her two years ago, and she had not heard from him since he left, she was permitted to testify, after…
1Opinion of the CourtDavis, J.
(after stating the case.) The case presents two-questions for our consideration:
1. Can a married woman be the mother of a bastard child ?
2. If so, is the mother a competent witness to prove the facts and circumstances which tend to show that it could not. have been begotten by the husband ?
Both questions must be answered adversely to the defendant.
When a child is born in wedlock the law presumes it to-be legitimate, and unless born under such circumstances as to-show that the husband could not have begotten it, this presumption is conclusive; but the presumption may be rebutted by the facts…
2Cited by18 opinions
- Eubanks v. EubanksSupreme Court of North Carolina · 1968
- Powell v. StricklandSupreme Court of North Carolina · 1913
- Kennedy v. StateSupreme Court of Arkansas · 1915
- Powell v. . StricklandSupreme Court of North Carolina · 1913
- Ray Ex Rel. Gudger v. RaySupreme Court of North Carolina · 1941
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