State v. . Brown
Supreme Court of North Carolina
IrdictmeNT for Perjury tried at February Ten», 1878, oiT New Hanover Criminal Court, before Meares, J. The defendant was charged "with being the father of a?.' bastard child ■ begotten on one Maria Williams, and upon the trial of the issue in the Superior Court of New Hanover,,., is alleged to have committed the perjury imputed to him in the indictment.
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IrdictmeNT for Perjury tried at February Ten», 1878, oiT New Hanover Criminal Court, before Meares, J. The defendant was charged "with being the father of a?.' bastard child ■ begotten on one Maria Williams, and upon the trial of the issue in the Superior Court of New Hanover,,., is alleged to have committed the perjury imputed to him in the indictment. Introduced asa witness on his own behalf,. he there swore that he was not the father of' her child and-, had never had any'sexual intercourse with the mother. On the trial of the indictment and to prove tlie falsehoods of his oath, the mother…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) Tw® exceptions which we propose to notice were taken by the defendant:—
The transcript of the record of proceedings in the bastardy case does not correspond with the description in the indictment, and is insufficient to sustain its allegations: The indictment refers to the case as constituted “ between the State and the said Benjamin Brown,” and it is so designated on the minute docket of the Court, while it is insisted the proper title of the cause is “the State upon the relation of Maria Williams v. Benjamin Brown.” We do not feel the force of the…
2Cited by6 opinions
- State v. . PetersSupreme Court of North Carolina · 1890
- Gudger v. . PenlandSupreme Court of North Carolina · 1891
- State v. . HesterSupreme Court of North Carolina · 1898
- State v. SmithSupreme Court of North Carolina · 1949
- State v. DaughtrySupreme Court of North Carolina · 1952
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