State v. Pate
Supreme Court of North Carolina
This was a proceeding in bastardy, returned to the Court of Pleas and Quarter Sessions of Wayne county, in which Court the defendant pleaded that he was not the father of the child as charged. From' thence it was carried upon the appeal of the County Solicitor to the Superior Court, where it was tried before Manly, Judge, on the last Spring Circuit.
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This was a proceeding in bastardy, returned to the Court of Pleas and Quarter Sessions of Wayne county, in which Court the defendant pleaded that he was not the father of the child as charged. From' thence it was carried upon the appeal of the County Solicitor to the Superior Court, where it was tried before Manly, Judge, on the last Spring Circuit. In selecting a jury, the Solicitor for the State claimed the right of making four peremptory challenges, which was overruled by his Honor. On the trial, in order to repel the presumption raised by the examination of the woman before the…
1Opinion of the CourtPeaRSon, J.
By the Revised Statutes, ch. 31, sec. 3T, “ each party in all civil suits” may challenge peremptorily four jurors. So the question is, are proceedings in bastardy “ civil suits?”
Suits are either civil or criminal. All criminal suits are prosecuted in the name of the State ; but all suits prosecuted in the name of the State are not criminal suits : — an action of debt may be prosecuted in the name of the State. The true test is, when *245the proceeding is by indictment, it is a criminal suitwhen by action or other mode, although in the name of the State, it is a civil suit, and should be by the…
2Cited by8 opinions
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. McConnellSupreme Court of New Hampshire · 1899
- Jernigan v. CommonwealthSupreme Court of Virginia · 1905
- State v. LilesSupreme Court of North Carolina · 1904
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