State v. Bowman

When conception occurs during the marriage of its mother, a child is presumed to be the legitimate offspring of the then husband of the mother, notwithstanding it is born after the termination of the marriage. Rhyne v. Hoffman, 59 U.C. 335. The presumption of legitimacy arising in such case is not conclusive, but may be rebutted by evidence which proves that the husband could not have been the father because he was impotent or did not have access to the mother at the time the child was begotten. Ray v. Ray, 219 N.C. 217, 13 S.E. 2d 224; S. v. Green, 210 N.C. 162, 185 S.E. 670; Ewell v. Ewell,…