Kennedy v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit ‘Court; Jefferson T. Cowling, Judge; Our statutes do not in terms define who are to be considered bastards, but at the common law, which prevails in this 'State except where altered by statute, they are defined to be children bom cut of wedlock. Kirby’s Dig., chap. 13; 2 Greenleaf on Evidence, Redfield’s Ed., § § 150, 151, and marginal notes.
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Appeal from Sevier Circuit ‘Court; Jefferson T. Cowling, Judge; Our statutes do not in terms define who are to be considered bastards, but at the common law, which prevails in this 'State except where altered by statute, they are defined to be children bom cut of wedlock. Kirby’s Dig., chap. 13; 2 Greenleaf on Evidence, Redfield’s Ed., § § 150, 151, and marginal notes. See, also, 1 B-ouvier’s Law Diet., Rawl’s Revision; 2 Kent, § 151. A child born in wedlock is presumed to be legitimate. 6 How. 550; 115 Fed. 124. Husband and wife -are alike incompetent to prove nonaocess of the husband while…
1Opinion of the CourtWAod, J.
The question presented by -this appeal is Whether or not a verdict finding appellant to- be the father of a child in bastardy proceedings- is sustained by the testimony alone of the mother of the -child, to the effect that the appellant had s-exnal intercourse with her on the 10th of -September; that she discovered that she w-as pregnant -about the middle of October, -and that appellant was the father of the chil-d, the witness stating also that -at that time she had a living husband.
(1-2) Under our statute the another is a competent witness in all cases of 'bastardy unless she be legally…
2Cases cited4 opinions
- Evans v. State ex rel. FreemanIndiana Supreme Court · 1905
- State v. . McDowellSupreme Court of North Carolina · 1888
- Qualls v. StateSupreme Court of Arkansas · 1909
- Barnett v. StateSupreme Court of Arkansas · 1855
3Cited by28 opinions
- Bankston v. Prime West Corp.Court of Appeals of Arkansas · 1981
- Lopes v. LopesUtah Supreme Court · 1974
- Jacobs v. JacobsSupreme Court of Arkansas · 1920
- Shatford v. ShatfordSupreme Court of Arkansas · 1949
- Ventresco v. BusheySupreme Judicial Court of Maine · 1963
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