State v. White

CLARK, Judge.

If the husband has access to his wife up to 265 days before birth of the child and the wife thereafter lives in adultery for a period of several months beginning 262 days before birth, is the husband conclusively presumed to be the father of the child?

The trial court answered this question in the affirmative by charging in pertinent part that the “normal period of gestation .... [m]ay be anywhere from seven, eight, nine, nine and a half or ten months from the date of birth of the child, and the only way the assumption of legitimacy may be rebutted is by evidence *322tending to show…