State and Hargett v. . Broadway
Supreme Court of North Carolina
Bastardy, tried upon issues, at Fall Term, 1872, of Lenoir Superior Court, before Clarke, J. The case, as settled by counsel, states that in his charge, to the jury, “ his Honor went on to say that they need not inquire whether the defendant, Broadway, was able to get a child or not, for the son of the defendant was a witness and present in Court, by acknowledging whom, as his own, defendant admitted his ability to get a child, to which defendant excepted.
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Bastardy, tried upon issues, at Fall Term, 1872, of Lenoir Superior Court, before Clarke, J. The case, as settled by counsel, states that in his charge, to the jury, “ his Honor went on to say that they need not inquire whether the defendant, Broadway, was able to get a child or not, for the son of the defendant was a witness and present in Court, by acknowledging whom, as his own, defendant admitted his ability to get a child, to which defendant excepted. There was a verdict against the defendant, whereupon the defendant appealed to the Supreme Court.”
1Opinion of the CourtSettle, J.
The case settled by counsel is so imperfectly stated as to leave us somewhat in doubt as to the facts upon which his Honor gave the charge complained of.
But we take it that upon the trial of an issue of bastardy the defendant offered to prove that he was impotent at the tíme the child was begotten, and that his Honor rejected the evidence, and in his charge to the jury said that “they need not inquire whether the defendant was able to get a •child or not, for the son of the defendant was a witness and present in Court, by acknowledging whom, as his son, defendant admitted his ability to get a…
2Cited by2 opinions
- State v. ShoemakerSupreme Court of Iowa · 1883
- C. v. C., Pennsylvania Court of Common Pleas, Philadelphia County1956