State v. . Ostwalt
Supreme Court of North Carolina
PROCEEDING in bastaedy, commenced before a justice of the peace, charging the defendant with being the father of her unborn bastard child. The defendant was acquitted, and the prosecutrix appealed to the Superior Court. This case, on appeal, came on for trial at August Term, 1895, of Iredell Superior Court, before his Honor, Nor-wood, J., and a jury. In said court the defendant entered the plea of former acquittal and not guilty.
Read the full summary
PROCEEDING in bastaedy, commenced before a justice of the peace, charging the defendant with being the father of her unborn bastard child. The defendant was acquitted, and the prosecutrix appealed to the Superior Court. This case, on appeal, came on for trial at August Term, 1895, of Iredell Superior Court, before his Honor, Nor-wood, J., and a jury. In said court the defendant entered the plea of former acquittal and not guilty. The following issues were submitted to the jury by the court: “ 1. Is the prosecutrix bound by a former acquittal, upon a trial before a justice of the peace?…
1Opinion of the Court
The following issues were submitted to the jury by the court:
1. "Is the prosecutrix bound by a former acquittal upon a trial before a justice of the peace?" Answer: "No."
2. "Is the defendant the father of the bastard child of the prosecutrix?" Answer: "Yes."
Defendant was convicted, and appealed.
Defendant excepted to the overruling of his plea of former acquittal. In chapter 92, sec. 2, 1879 (The Code, sec. 35), it was provided that "when the issue of paternity shall be found against the putative father, or when he admits the paternity, he shall be fined by the judge or justice not exceeding…
2Cases cited19 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . HatchSupreme Court of North Carolina · 1895
- State v. . BurtonSupreme Court of North Carolina · 1893
- Myers v. . StaffordSupreme Court of North Carolina · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. BrunnWashington Supreme Court · 1945
- McDonald v. . MorrowSupreme Court of North Carolina · 1896
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1955
- State v. . NelsonSupreme Court of North Carolina · 1896
- State v. . SaverySupreme Court of North Carolina · 1900
12 more not listed; retrieve them via the Exa API.