Cuppy v. State ex rel. Grantham

Prosecution for bastardy. The relatrix was a married woman, residing with her husband. She was permitted, over the objection of the defendant, to prove *390non-access by the husband; that he had been in the army for more than a- year preceding the birth of the child. Our statutes, prior to 1843, provided that such proceedings-, might be instituted by any “ unmarried woman.” Under such a statute, it was held that a prosecution could not be sustained on the relation of a married woman. Smith v. The State, 4 Blackf. 188. The statute was changed in 1843, so as to read, “when any woman,” &c., and the…