State v. . Carson
Supreme Court of North Carolina
The defendant was arrested upon a warrant issued by two justices of the peace, undei he act of 1741, (Rev. c. 30, sec. 10,) upon the examination of Esther Parker, a single woman, declaring him to be the father of her bastard child. This examination was defective, in that it did not state the child to have been born within three years before it was taken.
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The defendant was arrested upon a warrant issued by two justices of the peace, undei he act of 1741, (Rev. c. 30, sec. 10,) upon the examination of Esther Parker, a single woman, declaring him to be the father of her bastard child. This examination was defective, in that it did not state the child to have been born within three years before it was taken. The defendant entered into recognizance for his appearance at the next county Court of Haywood, where he appeared, and moved to quash the proceedings for the above-mentioned informality in the examination. This motion was over-ruled; and the…
1Opinion of the Court
Daniel, Judge.
The act of Assembly, passed- in the year 1814, declares that “ all examinations upon oath to accuse or charge any man of being the father of a bastard child, shall be had and taken within three years next after the birth of said child and not after.” In this case, the examination of the mother does not disclose the age of the child. ■ There is no formal judgment of the magistrates entered on the proceedings, declaring that the defendant is the father of the Rastard, but he is bound over to Court by two justices, as is set forth in the case. .In the County Court, the defendant…
2Cited by6 opinions
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. LilesSupreme Court of North Carolina · 1904
- State v. . LilesSupreme Court of North Carolina · 1904
- Howell v. . BarnesSupreme Court of North Carolina · 1870
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