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STATE EX REL. MILES v. RANKINS

No. 826DC948.

306 S.E.2d 462 (1983)

STATE of North Carolina, ex rel. Dan MILES, Child Support Enforcement Officer v. Richard RANKINS.

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Gillam, Gillam & Smith by Lloyd C. Smith, Jr., and Roswald B. Daly, Jr., Windsor, for plaintiff-appellee.

Law Firm of Carter W. Jones by Carter W. Jones, Kevin M. Leahy, and Charles A. Moore, Ahoskie, for defendant-appellant.

JOHNSON, Judge.

Defendant contends that the court erred in excluding testimony by Ms. Holley that she had sexual intercourse with a man other than defendant eight months before the birth of the child. We agree. As the Supreme Court aptly stated in 1899:

[T]he issue is the paternity of the child, and whatever tends to prove or disprove the affirmative of this issue is competent. It would not be competent to show that the prosecutrix, years before the birth...

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