Opinion
June Term, 1870.
Upon the trial of issues in proceedings for bastardy the defendant is a competent witness.
SPECIAL proceedings for bastardy, tried before Cannon, J., at Fall Term 1869 of YANCEY Court.
Phillips Merrimon for the appellant.
F. H. Busbee contra.
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 venire de 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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