State Ex Rel. Mayer v. Pinkerton

The opinion of the court was delivered by

Wertz, J.:

This was an action brought by the relatrix (appellee), Doris Mayer, under the provisions of G. S. 1949, Ch. 62, Art. 23 (the Illegitimate Children Act) to determine the parentage of twin children born to the relatrix. The trial court found the defendant (appellant), Ray Pinkerton, Jr., to be the father of the twin children, and entered judgment accordingly.

Defendant appeals and contends that inasmuch as section 5 of our Rill of Rights provides the right of trial by jury shall be inviolate and section 10 thereof provides in all prosecutions…