State v. . Peeples
Supreme Court of North Carolina
Bastaeuy prockbdiNG, tried before Bynum, J., at February Term, 1891, of Forsyth Superior Court upon an appeal from a Justice’s Court. The State introduced the affidavit of the woman upon which the warrant had been issued, and rested its case.
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Bastaeuy prockbdiNG, tried before Bynum, J., at February Term, 1891, of Forsyth Superior Court upon an appeal from a Justice’s Court. The State introduced the affidavit of the woman upon which the warrant had been issued, and rested its case. The defendant introduced no evidence, and asked the Court to instruct the jury that the affidavit was insufficient and not a prima facie case. ■ The Courtv refused, and instructed the jury to return a verdict against the defendant, and entered judgment thereon. Defendant appealed, and assigned,, as exceptions— 1. That it does not appear that the…
1Opinion of the Court
Clark, J.:
1. An inspection of the affidavit shows that it was sworn out by the woman before a Justice of the Peace. It appears to be voluntary, and there is nothing to indicate the contrary.
2. It is not necessary that it should appear affirmatively that the woman is a single woman. If she is a married woman, that is a matter of defence, and only then to the extent of raising a presumption that the child is legitimate. State v. Pettaway, 3 Hawks., 623. There is no presumption of law that she is married rather than single; indeed, “it is to be assumed that she is a single woman until it is made…
2Cases cited6 opinions
- State v. . McDuffieSupreme Court of North Carolina · 1890
- State v. . PetersSupreme Court of North Carolina · 1890
- State v. . HarrisSupreme Court of North Carolina · 1890
- State v. . KirkmanSupreme Court of North Carolina · 1889
- State v. . SykesSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. Blackley.Supreme Court of North Carolina · 1905
- State v. . CutshallSupreme Court of North Carolina · 1891
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. . CraftSupreme Court of North Carolina · 1914
7 more not listed; retrieve them via the Exa API.