
    THE STATE v. DANIEL R. McINTOSH.
    Upon the trial of issues in proceedings for bastardy the defendant is a competent witness.
    
      (State v. Waldrop, 63 N. C. 507; State v. Pate, Bus. 244, cited and approved.)
    Special proceedings for basta/rcly, tried before Gan-non, J., at Fall Term 1869 of Yancey Court.
    Upon the trial of the issues, the defendant tendered himself as a witness, hut his Honor excluded him, as incompetent. The defendant excepted.
    Yerdict, G-uilty; Judgment accordingly, and Appeal by the defendant.
    
      Phillips & Merrimon, for the appellant.
    
      F. S. Busbee, contra.
    
   Dick, J.

A proceeding in bastardy, is a civil action, as distinguished from a criminal action: Const. Art. IY, s. 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: O. O. P. §§ 342-3; State v. Waldrop, 63 N. C. 507; State v. Pate, Bus. 244.

There was error in the ruling of his Honor, and there must be a venire de novo upon the issues submitted.

Let this be certified.

Per Curiam. Venire de novo..  