State v. . Clarke
This text of 17 S.E.2d 468 (State v. . Clarke) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The statute under which the defendant was tried provides that, “Any parent who willfully neglects or who refuses to support and *393 maintain bis or ber illegitimate child shall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided.”
"Willfulness is one of the essential elements of the offense. This must be charged in the warrant, S. v. Cook, 207 N. C., 261, 176 S. E., 757; S. v. Spillman, 210 N. C., 271, 186 S. E., 322. Its omission is not cured by C. S., 4623, S. v. Tyson, 208 N. C., 231, 180 S. E., 85, or by amendment after verdict, S. v. Tarlton, 208 N. C., 734, 182 S. E., 481; S. v. McLamb, 214 N. C., 322, 199 S. E., 81.
The record in this case is not sufficient to support the judgment.
As the warrant fails to charge an offense under the statute, questions relating to the interpretation of other provisions of the statute are not presented or decided.
Error and remanded.
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Cite This Page — Counsel Stack
17 S.E.2d 468, 220 N.C. 392, 1941 N.C. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clarke-nc-1941.