State v. McCain

HODGES, Justice.

This is an appeal from a six-member jury verdict in which the appellant, Stephen McCain, was found to be the natural father of a child born out of wedlock. It is asserted by McCain that his constitutional rights have been violated by the court’s failure to seat a twelve-member jury, and by the non-unanimous verdict rendered by the six-member jury.

A paternity complaint was filed by Gayla Calhoun, appellee, against McCain on September 14, 1978. At the pre-trial conference, McCain’s attorney asked for a jury trial, and it was agreed that a six-member jury would be empaneled. The…