Mims v. State

1. “The law now is, that although the birth of a child during wedlock raises a presumption that such child is legitimate, yet that this presumption may be rebutted by evidence; and it is the duty of the jury to weigh the evidence against the presumption, and to decide, as in the exercise of their judgment, the truth may appear to preponderate. Either in a civil suit, or on a criminal prosecution, by the evidence of non access, or other testimony, the presumption of the legitimacy of the offspring may be rebutted. The same rules apply, whether the bastardy originates before or after marriage.…