Legal Opinion

State v. Ballard

Supreme Court of North Carolina

Decided May 3, 1898PublishedCited by 6 opinions

Proceeding in bastardy heard before Bryan, J., at Fall Term, 1897, of Bertie Superior Court on appeal from a judgment of a Justice of the Peace adjudging the defendant to be not guilty. His Honor being of the opinion that no appeal, under the law, accrued to the prosecutrix or to the State, dismissed the action at the cost of the prosecutrix, who appealed.

1Opinion of the Court

Douglas, J.:

This was a proceeding in bastardy began before a justice of the peace, who held that the defendant was not guilty and was not the father of the bastard child. The State and the prosecutrix appealed from the judgment to the Superior Court, where the appeal was dismissed. In this there was no error, as neither the State nor the prosecutrix is entitled to appeal in a criminal action from a verdict or finding of not guilty. That bastardy proceedings, under the law as it now exists, are criminal in their nature has been repeatedly held by this court, and we see no reason to disturb its…

2Cases cited2 opinions

  1. State v. . OstwaltSupreme Court of North Carolina · 1896
  2. McDonald v. . MorrowSupreme Court of North Carolina · 1896

3Cited by6 opinions

  1. State v. LilesSupreme Court of North Carolina · 1904
  2. In re De LondiDistrict Court, D. Kansas · 1931
  3. State and Another v. . PateSupreme Court of North Carolina · 1853
  4. State v. . McIntoshSupreme Court of North Carolina · 1870
  5. State v. . SaverySupreme Court of North Carolina · 1900

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