Clark v. State

The appellant was convicted of bastardy — of being the father of a child conceived before, but bom after, the marriage of the mother to another. The trial was before the court without a jury. At the first hearing in February, 1954, objection was made to the mother’s competency to testify as to nonaccess by her husband. The court held the matter sub curia and in August sent counsel an opinion in which he held that neither the husband nor the wife would be permitted to testify as to nonaccess of the husband. That opinion was not formally filed, the court in the meantime having decided that he…