Public-domain · open source
OpenJurist

26 N.C. 484

State v. . Thompson

Supreme Court of North Carolina

Decided June 5, 1844

Supreme Court of North Carolina · decided 1844-06-05

This was a proceeding under the bastardy act. The following are the examination and warrant as returned to the Comity Court: “ State of North Carolina, ) Rockingham County. \ The examination of Feriby Burras, single woman, this day taken before us, George W. Garrett and Sampson L. Cryer, two justices of the peace in and for the said county on oath, who states on said oath, that she was delivered of a bastard child on the 14th day of last month, September, and further on her…

Decided 1844-06-05

Bakiel, J.

¶1 The examination of Feriby Burras, as to who was the father of her bastard childr was taken on oath before two justices. She did not sign the examination, nor does the act of Assembly require her to sign it.- Below on the same paper, which contained the examination, the two justices wrote the warrant to arrest the'defendant, and signed and sealed it. The signing of the names of the two justices in the place where they did sign, sufficiently authenticated the examination of the mother of the child, and also the warrant. The proceedings would have been more1 formal, it the examination had been signed by the woman and attested by the two justices j and then a warrant issued by them, on’ the same paper or on a separate paper, reciting the said affidavit or examination of the woman. ■ We have examined the whole case, and think that the Judge did not err in re>-' fusing to quash the proceedings.

¶2 Per Curiam. Judgment affirmed.

/26/nc/484 · .json · Public domain