STATE v. TEDDER

No. 362

127 S.E.2d 786 (1962)

258 N.C. 64

STATE v. James Howard TEDDER.

Supreme Court of North Carolina.

October 31, 1962.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. James F. Bullock for the State.

Harold R. Wilson, Winston-Salem, for defendant.


PER CURIAM.

"A child born in wedlock is presumed to be legitimate, and, as stated by Ruffin, C. J., in State v. Herman, 35 N.C. 503, quoting from Coke on Littleton, this presumption exists `if the issue be born within a month or a day after marriage.'" West v. Redmond, 171 N.C. 742, 88 S.E. 341.

In the case of Ewell v. Ewell, 163 N.C. 233, 79 S.E. 509, this Court said: "Nothing is allowed to impugn the legitimacy of a child short of proof by facts showing...

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