State v. McIntosh
Supreme Court of North Carolina
Special proceedings for basta/rcly, tried before Gan-non, J., at Fall Term 1869 of Yancey Court. Upon the trial of the issues, the defendant tendered himself as a witness, hut his Honor excluded him, as incompetent. The defendant excepted. Yerdict, G-uilty; Judgment accordingly, and Appeal by the defendant.
1Opinion of the CourtDick, J.
A proceeding in bastardy, is a civil action, as distinguished from a criminal action: Const. Art. IY, s. 1.
Under the Code of Civil Procedure, it is a special proceeding, as distinguished from a civil action proper. In such special proceeding a party may be examined as a witness in his own behalf: O. O. P. §§ 342-3; State v. Waldrop, 63 N. C. 507; State v. Pate, Bus. 244.
There was error in the ruling of his Honor, and there must be a venire de novo upon the issues submitted.
Let this be certified.
Per Curiam. Venire de novo..
2Cases cited1 opinion
- State Ex Rel. Donaldson v. WaldropSupreme Court of North Carolina · 1869
3Cited by5 opinions
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