State v. . Hedgepeth

Supreme Court of North Carolina

State v. . Hedgepeth

30 S.E. 140, 122 N.C. 1039, 1898 N.C. LEXIS 393

CourtSupreme Court of North Carolina

DecidedMay 3, 1898

StatusPublished

Cited by2 cases

This text of 30 S.E. 140 (State v. . Hedgepeth) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Hedgepeth, 30 S.E. 140, 122 N.C. 1039, 1898 N.C. LEXIS 393 (N.C. 1898).

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Opinion

Douglas, J.:

This is an appeal in bastardy proceedings, wherein the defendant was convicted. The only question brought before us is the Statute of Limitations, the defendant contending that, as more than two years had elapsed since the birth of the child before the bringing of this action, its prosecution was barred under Section 1177 of The Code. We do not think so. Whatever may be the nature of the proceedings, Section *1040 thirty six of The Code specifically provides that: “All examinations upon oath to charge any man with being the father of a bastard child, shall be taken within three years next after the birth of the child.”

We think that this Section controls the period of limitation for reasons more fully set forth in State v. Perry, decided at this term. This being the only exception, and no error appearing upon the face of the record, the judgment is affirmed.

Affirmed.

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Douglas, J.:

This is an appeal in bastardy proceedings, wherein the defendant was convicted. The only question brought before us is the Statute of Limitations, the defendant contending that, as more than two years had elapsed since the birth of the child before the bringing of this action, its prosecution was barred under Section 1177 of The Code. We do not think so. Whatever may be the nature of the proceedings, Section *1040 thirty six of The Code specifically provides that: “All examinations upon oath to charge any man with being the father of a bastard child, shall be taken within three years next after the birth of the child.”

We think that this Section controls the period of limitation for reasons more fully set forth in State v. Perry, decided at this term. This being the only exception, and no error appearing upon the face of the record, the judgment is affirmed.

Affirmed.

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Bluebook (online)

30 S.E. 140, 122 N.C. 1039, 1898 N.C. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hedgepeth-nc-1898.

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