State v. Currie
Supreme Court of North Carolina
Appeal by defendant from Peebles, at September Term, 1912, of RICHMOND. This is a proceeding against defendant for bastardy. The prosecutrix, Fannie Terry, made an affidavit before the justice of the peace, charging the defendant with the paternity of her child. There was a jury trial before the justice on 12 July, 1912, and a verdict of acquittal rendered.
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Appeal by defendant from Peebles, at September Term, 1912, of RICHMOND. This is a proceeding against defendant for bastardy. The prosecutrix, Fannie Terry, made an affidavit before the justice of the peace, charging the defendant with the paternity of her child. There was a jury trial before the justice on 12 July, 1912, and a verdict of acquittal rendered. Judgment was entered upon the verdict, discharging the defendant and taxing tbe prosecutrix with, the costs, from which she appealed to the Superior Court. The following are the entries on the docket of the latter court: “Number 92. State…
1Opinion of the Court
WalkeR, J.,
after stating the case: We said in S. v. Addington, 143 N. C., 683, that our decisions had finally determined this to be a civil proceeding for the enforcement of a police regulation, so far as it is necessary for the purpose of securing an allowance to the woman and to relieve the county from the burden of supporting the child. S. v. Liles, 134 N. C., 735; S. v. McDonald, 152 N. C., 802. The procedure in such cases is clearly prescribed by the statute. The warrant is issued by a justice of the peace, “upon the voluntary affidavit and complaint of the mother of the bastard,” and…
2Cases cited3 opinions
- State v. . AddingtonSupreme Court of North Carolina · 1907
- State v. . McDonaldSupreme Court of North Carolina · 1910
- State v. . FarrarSupreme Court of North Carolina · 1889
3Cited by2 opinions
- State v. . BrownSupreme Court of North Carolina · 1932
- Payne v. . ThomasSupreme Court of North Carolina · 1918