4 S.C.L. 165
Supreme Court of South Carolina
Decided April 15, 1807
Supreme Court of South Carolina · decided 1807-04-15
Indictment upon the act of assembly.to provide for the mainteance of illegitimate children, passed in December, 1795. The defendant pleaded that he never had been brought before a magistrate, and required to enter into a recognizance as directed by the act. This plea was objected to at the trial in Richland district, and was ordered to be disregarded by the judge, (Trezevant) and a verdict was found against the defendant. '
Decided 1807-04-15
¶1The defendant, upon a criminal prosecution, may give in evidence any fact, or circumstance, which can operate in his favor, under the general issue not guilty ; and there was no necessity in this case to plead specially, as every thing which could properly be given in evidence, under the plea so specially pleaded, might have been given- in evidence upon the general plea of not guilty.
¶2.Motion discharged.