NON ACCESS

The non existence of sexual intercourse is generally expressed by the words non access of the husband to the wife which expressions, in a case of bastardy, are understood to mean the same thing. 2 Stark Ev. 218, n. 2. In Pennsylvania, when the husband has access to the wife, no evidence short of absolute impotence of the husband, is sufficient to convict a third person of bastardy with the wife. 6 Binn. 283. 3. In the civil law the maxim is, Pater is est quem nupticae demonstrant.