Legal Opinion

State v. McIntosh

Supreme Court of North Carolina

Decided June 15, 1870PublishedCited by 5 opinions

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

  1. State Ex Rel. Donaldson v. WaldropSupreme Court of North Carolina · 1869

3Cited by5 opinions

  1. State v. . CrouseSupreme Court of North Carolina · 1882
  2. Chambers v. StateSupreme Court of Arkansas · 1885
  3. State v. LilesSupreme Court of North Carolina · 1904
  4. State Ex Rel . Tidline v. . HickersonSupreme Court of North Carolina · 1875
  5. State v. BallardSupreme Court of North Carolina · 1898