State v. . Ostwalt
Supreme Court of North Carolina
PROCEEDING in bastaedy, commenced before a justice of the peace, charging the defendant with being the father of her unborn bastard child. The defendant was acquitted, and the prosecutrix appealed to the Superior Court. This case, on appeal, came on for trial at August Term, 1895, of Iredell Superior Court, before his Honor, Nor-wood, J., and a jury. In said court the defendant entered the plea of former acquittal and not guilty.
Read the full summary
PROCEEDING in bastaedy, commenced before a justice of the peace, charging the defendant with being the father of her unborn bastard child. The defendant was acquitted, and the prosecutrix appealed to the Superior Court. This case, on appeal, came on for trial at August Term, 1895, of Iredell Superior Court, before his Honor, Nor-wood, J., and a jury. In said court the defendant entered the plea of former acquittal and not guilty. The following issues were submitted to the jury by the court: “ 1. Is the prosecutrix bound by a former acquittal, upon a trial before a justice of the peace?…
1DissentClark, J.
Up to and including State v. Edwards, 110 N. C., 511, (in which the authorities are.collected,) the decisions of this Court were uniform that proceedings in bastardy were civil not criminal. In State v. Burton, 113 N. C., 655, it was intimated, but not decided, that they might be construed to be criminal actions. This has been followed by Myers v. Stafford, 114 N. C., 234, (dissenting opinion, p. 689,) ■which held, by a divided Court, that it was a criminal action, and two decisions to that effect have since been made, but the constantly increasing perplexity and difficulties arising from…
2Cases cited6 opinions
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887
- Myers v. . StaffordSupreme Court of North Carolina · 1894
- State v. . CredleSupreme Court of North Carolina · 1869
1 more not listed; retrieve them via the Exa API.