State v. . Rogers
Supreme Court of North Carolina
Proceeding in Bastardy beard at Spring Term, 1878, of UNION Superior Court, before Moore, J. On the trial of the issue as to the paternity of the child, the examination of the mother .taken before the Justice was read to the jury, and the Solicitor then rested his case.
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Proceeding in Bastardy beard at Spring Term, 1878, of UNION Superior Court, before Moore, J. On the trial of the issue as to the paternity of the child, the examination of the mother .taken before the Justice was read to the jury, and the Solicitor then rested his case. Thereupon the defendant introduced himself and other witnesses to show that he was not the father; and to rebut this, the State introduced the mother and others to prove that he was the father of the bastard child. The Court charged the jury that the written examination of the woman was presumptive evidence that defendant was…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) If the Judge in giving the instruction intended to tell the jury that taking the oral testimony delivered by the witnesses into consideration, if their minds were brought to an equipoise, and neither side preponderated, then the force and effect given by the statute to the written examination must turn the scale and give the State a verdict, the correctness of the charge will not admit of question ; and such we must suppose to have been the understanding of the jury. If, however, the Court meant that putting the written examination and testimony of witnesses…
2Cases cited1 opinion
- State Ex Rel. Biggs v. BennettSupreme Court of North Carolina · 1876
3Cited by11 opinions
- State v. . MitchellSupreme Court of North Carolina · 1896
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . McDonaldSupreme Court of North Carolina · 1910
- Miller v. . BumgardnerSupreme Court of North Carolina · 1891
- State v. . RogersSupreme Court of North Carolina · 1896
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