State v. White

EXUM, Justice.

The child in this case was conceived while defendant and her mother were living together as husband and wife. She was born after they had separated but during wedlock. There was some evidence that her mother had sexual relations with another man after conception and during the period of gestation. The question presented is whether under these circumstances a jury instruction on our common-law presumption of the child’s legitimacy violated defendant’s right to a trial by due process of law. We answer in the negative and affirm the Court of Appeals.

The State’s evidence tended to…