State v. Cagle

Citations

• 114 N.C. 835

Syllabus

<p>Bastardy Proceedings■ — Presumptive Evidence — Instructions to Jury — Impeachment of Witness — Trial of Ch'iminal Actions.</p> <p>1. In the trial of a defendant charged with, bastardy an instruction by the Court that the affidavit of the woman that the defendant was the father of the child was presumptive evidence against the defendant was proper and followed the statute, section 32 of The Code.</p> <p>2. In the trial of ail action the trial Judge may hand his instructions, in writing, to the jury, and it is not error, after they have retired and requested him to do so, to send a written memorandum of certain dates necessary to be remembered in order to enable them to reach a conclusion.</p> <p>3. In the trial of bastardy proceedings a witness for the State, in reply to a question on cross-examination, said, “I do not keep a bawdy-house IMd, that such answer was conclusive, and could not be contradicted by hearsay evidence as to the bad character of the witness.</p> <p>4. Bastardy proceedings, being under section 35 of The Code (as held in Slate v. Burton, 113 N. C., C55, and Myers v. Stafford, 114 N. C., 234) a criminal action in respect to the fine directed to be imposed, properly stand for trial on a day set apart for the trial of criminal actions only.</p>