State v. . Black

5 S.E.2d 313, 216 N.C. 448, 1939 N.C. LEXIS 14

• Court: Supreme Court of North Carolina
• Decided: November 8, 1939
• Status: Published

Opinion

Stacy, C. J.

Without deciding whether the whole of sec. 6, ch. 228, Public Laws 1933, was intended to be repealed by ch. 432, Public Laws 1937, we think the power of the court to enter judgment in the case must be upheld on authority of what was said in S. v. Bradshaw, 214 N. C., 5, 197 S. E., 564. The defendant’s plea of “guilty” presupposes the necessary disposition of matters required to establish his willful neglect or refusal to support the- child in question.

Having admitted his guilt, the defendant’s motion in arrest of judgment was properly denied. S. v. McKnight, 196 N. C., 259, 145 S. E., 281.

A motion in arrest of judgment is proper when — and only when— some error or fatal defect appears on the face of the record. S. v. Bradley, 210 N. C., 290, 186 S. E., 240; S. v. Satterfield, 207 N. C., 118, 176 S. E., 466; S. v. McKnight, supra.

Affirmed.