State v. Pettaway.
Supreme Court of North Carolina
T I From Edgecombe. J The defendant was charged with being the father of a bastard child, begotten on the body of one J.Ivy Perry, and pleaded thereto that he was not the father, and that Jlvy Perry was a married woman.
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T I From Edgecombe. J The defendant was charged with being the father of a bastard child, begotten on the body of one J.Ivy Perry, and pleaded thereto that he was not the father, and that Jlvy Perry was a married woman. The warrant for his apprehension issued the 13th of March, 1824. On the trial below, before Norwood, Judge, the jury found a special verdict as follows: “ that the defendant is the father of the child; that the husband of Jlvy Perry lias not been absent seven years next before the 13th of March, 1824, hut has been absent from the state of North Carolina six years and ten…
1Opinion of the Court
Taylor, Chief Justice.
There are two objections ■made by the defendant to his being charged with th* maintainancc of the child sworn against him. The first is> that the mother is a married woman, and that the power of the justices and the County Court is confirmed, by the express terms of the act of 1741, ch. 30. sec. 10. to the case 0f a s}rigie woman being pregnant or delivered. The other is, that the access of the husband shall be presumed, unless he was beyond sea so long a period before and during gestation, as to render it impossible that he should have been the father. It will appear…
2Cited by14 opinions
- Ray Ex Rel. Gudger v. RaySupreme Court of North Carolina · 1941
- Boone v. StateMississippi Supreme Court · 1951
- State v. BowmanSupreme Court of North Carolina · 1949
- Ewell v. EwellSupreme Court of North Carolina · 1913
- Biggs Ex Rel. Biggs v. Biggs Ex Rel. WeitersSupreme Court of North Carolina · 1960
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