State v. . Mitchell
Supreme Court of North Carolina
The defendant was arrested and brought before a justice of the peace upon the charge of bastardy. He entered the plea of not guilty, and, offering no evidence, upon the affidavit or complaint, he was adjudged to be the father of the child, and judgment was entered against him accordingly. He appealed to the superior court of Wilson county, where, at June Term, 1896, a jury was empaneled.
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The defendant was arrested and brought before a justice of the peace upon the charge of bastardy. He entered the plea of not guilty, and, offering no evidence, upon the affidavit or complaint, he was adjudged to be the father of the child, and judgment was entered against him accordingly. He appealed to the superior court of Wilson county, where, at June Term, 1896, a jury was empaneled. June term, 1896, before Boykin, J. His Honor charged the jury that the oath and examination of the prosecutrix taken before the justice of the peace was under the statute grima, fade evidence of defendant’s…
1Opinion of the Court
(CLARK, J., dissents, arguendo.) June Term, 1896, before Boykin, J. His Honor charged the (785) jury that the oath and examination of the prosecutrix taken before the justice of the peace was under the statute prima facie evidence of defendant's guilt, and that the burden was upon defendant to exonerate himself from the charge so made against him. To this charge the defendant excepted and appealed from the judgment rendered. The charge that the oath and examination of the mother of the bastard child was prima facie evidence of the defendant's guilt, was not erroneous.S. v. Rogers, 79 N.C.…
2Cases cited14 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Lee v. TillotsonNew York Supreme Court · 1840
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Butler v. StateIndiana Supreme Court · 1884
- State v. . AllenSupreme Court of North Carolina · 1890
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3Cited by26 opinions
- State v. HuffSupreme Court of North Carolina · 1989
- State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
- Robertson v. State of FloridaSupreme Court of Florida · 1927
- State v. GaitenSupreme Court of North Carolina · 1970
- State v. . StephensonSupreme Court of North Carolina · 1940
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