Peters v. State

Gardner, Presiding Judge.

The evidence is sufficient to sustain the verdict as to- the general grounds.

*342Special ground 1 assigns error because it is alleged that the court erred in failing to charge the principle of law pertaining to circumstantial evidence in that the entire testimony fails to show that the prosecutrix was not married at the time the child was conceived. Counsel for the defendant contends that there is no positive testimony that the prosecutrix was not married. It is true that the law presumes legitimacy. See Code § 74-101. It is also true that a child is presumed to be the…