State v. Gilbert
Opinion
The following excerpt from the charge constitutes one of defendant’s exceptive assignments of error:
“The court charges you if he willfully failed to provide her with adequate support after leaving her at her father’s house and you so find from the evidence and beyond a reasonable doubt, your verdict would be guilty.”
It will be noted that the element of willful abandonment is omitted from this instruction. The defendant is charged with a violation of G.S. 14-322, which provides that “If any husband shall wilfully abandon his wife without providing adequate support for such wife, etc., he shall be guilty of a misdemeanor.” The challenged instruction, therefore, was inadequate and necessitates another hearing. S. v. Yelverton, 196 N.C. 64, 144. S.E. 534. It is so ordered.
New-trial.
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51 S.E.2d 887 (State v. Gilbert) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.