State v. Jeffrey

WILSON, Chief Justice.

Defendant appealed from an order denying his motion for a new trial. He was convicted in bastardy proceedings of being the father of an illegitimate child.

Under our statute a party to the record in a civil action may be called by the adverse party as if under cross-examination. G. S. 1923 (2 Mason, 1927) § 9816. The object or purpose is that a litigant may call the adverse party without making him his own wit ness and elicit from Mm, if possible, material facts witMn his knowledge.

In this, a bastardy proceeding under our statute, defendant was required, over his…