State v. . McIntosh , 64 N.C. 607 ( 1870 )

Upon the trial of the issues, the defendant tendered himself as a witness, but his Honor excluded him, as incompetent. The defendant excepted.

Verdict, Guilty; Judgment accordingly, and Appeal by the defendant. A proceeding in bastardy, is a civil action, as distinguished from a criminal action: Const. Art. IV, § 1.

Under the Code of Civil Procedure, it is a special proceeding, as distinguished from a civil action proper. In such special proceeding a party may be examined as a witness in his own behalf: C.C.P. §§ 342-3;State v. Waldrop, 63 N.C. 507; State v. Pate, 44 N.C. 244.

There was error in the ruling of his Honor, and there must be a venirede novo upon the issue submitted.

Let this be certified.

Per curiam.

Venire de novo.

Cited: S. v. Hickerson, 72 N.C. 422; S. v. Crouse, 86 N.C. 619; S. v.Ballard, 122 N.C. 1028; S. v. Liles, 134 N.C. 737.

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