Legal Opinion

State v. . Rogers

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 4 opinions

ProseoutioN for bastardy, tried before Mclver, J., at March term, 1896, of Wake Superior Court.' The defendant was committed and appealed. The facts sufficiently appear in the opinion of Associate Justice Avery.

1Opinion of the Court

Avery, J. :

The statute {Code, Sec. 32) declares that the oath and examination of the mother of a bastard child shall be “presumptive evidence against the person accused.” State v. Rogers, 79 N. C., 609. The Legislature clearly has the power, upon the trial of certain classes of criminal or civil actions, to provide that artificial weight shall be given to specific kinds of testimony. State v. Burton, 113 N. C., at p. 655 ; State v. Cagle, 114 N. C., 835 ; State v. Mitchell, at this term.

If the purpose of the defendant was to rest his objection to the oath and examination of the prosecutrix,…

2Cases cited1 opinion

  1. State v. . RogersSupreme Court of North Carolina · 1878

3Cited by4 opinions

  1. Jefferson v. SweatSupreme Court of Florida · 1954
  2. State v. . McDonaldSupreme Court of North Carolina · 1910
  3. McNair v. StateSupreme Court of Florida · 1911
  4. State v. . CagleSupreme Court of North Carolina · 1894

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