STATE v. WHITE

No. 90.

268 S.E.2d 481 (1980)

300 N.C. 494

STATE of North Carolina v. David Ray WHITE.

Supreme Court of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis, and Associate Atty. Gen. James C. Gulick, Raleigh, for the State.

Ward & Smith, P. A., by Thomas E. Harris and C. H. Pope, Jr., New Bern, for defendant-appellant.


EXUM, Justice.

The child in this case was conceived while defendant and her mother were living together as husband and wife. She was born after they had separated but during wedlock. There was some evidence that her mother had sexual relations with another man after conception and during the period of gestation. The question presented is whether under these circumstances a jury instruction on our common-law presumption...

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