State v. . Frank Beatty
Supreme Court of North Carolina
This was a proceeding in bastardy, before Mitchell, Judge, at Fall Term 18*11, of Catawba Superior Court. The mother of the child had been examined before its birtb, by a Justice of tbe Peace, and the defendant had been reeog-nized to appear at the next term of the Court. The examination and proceedings were admitted to be regular. The defendant appeared and proved to the Court that the ■child was born alive, lived several days, but died before this term of the Court.
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This was a proceeding in bastardy, before Mitchell, Judge, at Fall Term 18*11, of Catawba Superior Court. The mother of the child had been examined before its birtb, by a Justice of tbe Peace, and the defendant had been reeog-nized to appear at the next term of the Court. The examination and proceedings were admitted to be regular. The defendant appeared and proved to the Court that the ■child was born alive, lived several days, but died before this term of the Court. Whereupon he moved to be discharged upon payment of costs. This motion was resisted by the Solicitor, who asked that the…
1Opinion of the CourtRodMAN, J.
The defendant was duly charged by a single woman with being the father of a child with which she was pregnant, and he entered into recognizance for his appearance at the Superior Court. On proof before the Court that the child had been born since the date of the recognizance, and ■had died after living a lew days, the defendant moved to be discharged on payment of costs, which the Judge allowed and the State appealed. The only question is, whether the sup* posed father could lawfully have been charged with the maintenance of the child during its short and past life. We are told that it is a…
2Cited by5 opinions
- State v. . McCollumSupreme Court of North Carolina · 1940
- State v. FowlerSupreme Court of North Carolina · 1970
- State v. . CollinsSupreme Court of North Carolina · 1881
- Wooding v. . GreenSupreme Court of North Carolina · 1874
- State v. . HarshawSupreme Court of North Carolina · 1838