State v. . Clarke

17 S.E.2d 468, 220 N.C. 392, 1941 N.C. LEXIS 546

Opinion

DeviN, J.

The statute under which the defendant was tried provides that, “Any parent who willfully neglects or who refuses to support and 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.