State v. Gilbert

Supreme Court of North Carolina

State v. Gilbert

51 S.E.2d 887, 230 N.C. 64, 1949 N.C. LEXIS 548

CourtSupreme Court of North Carolina

DecidedMarch 2, 1949

StatusPublished

Cited by5 cases

This text of 51 S.E.2d 887 (State v. Gilbert) 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.

Bluebook

State v. Gilbert, 51 S.E.2d 887, 230 N.C. 64, 1949 N.C. LEXIS 548 (N.C. 1949).

Pincite

Opinion

Stacy, O. J.

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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