Legal Opinion

State v. Hickman

Court of Appeals of North Carolina

Decided June 24, 1970No. 7021SC342PublishedCited by 5 opinions

1Opinion of the CourtCampbell, J.

It is presumed that a child born in wedlock is the legitimate child of that marriage unless it is shown that the husband could not have had access to the spouse at a time when the child could have been conceived or that the husband was impotent or that other circumstances would prevent the husband from being the father of the child. See State v. Key, 248 N.C. 246, 102 S.E. 2d 844 (1958). Hickman admitted that he dated Joan on 15 March 1968 and that he knew she was pregnant when he married her. It would be anomalous for him to try to prove after that admission that he, in effect, did not have…

2Cases cited2 opinions

  1. State v. KeySupreme Court of North Carolina · 1958
  2. State v. SnyderCourt of Appeals of North Carolina · 1968

3Cited by5 opinions

  1. Wright v. GannCourt of Appeals of North Carolina · 1975
  2. Wake County Child Support Enforcement Ex Rel. Bailey v. MatthewsCourt of Appeals of North Carolina · 1978
  3. State v. WhiteCourt of Appeals of North Carolina · 1979
  4. State v. WhiteSupreme Court of North Carolina · 1980
  5. State v. WhiteSupreme Court of North Carolina · 1980

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