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State v. . Moore

17 S.E.2d 660, 220 N.C. 535, 1941 N.C. LEXIS 589
CourtSupreme Court of North Carolina
DecidedDecember 10, 1941
StatusPublished
Cited by4 cases

This text of 17 S.E.2d 660 (State v. . Moore) 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. . Moore, 17 S.E.2d 660, 220 N.C. 535, 1941 N.C. LEXIS 589 (N.C. 1941).

Opinion

Per Curiam.

The warrant in this case, as it appears in the record, is in substantially the same form as that considered by this Court in S. v. Clarke, ante, 392. It fails to allege that the neglect or refusal to support the illegitimate child was willful. Apparently the careful judge who presided over the trial of this ease understood that the word “willful” had been by amendment in apt time inserted in the warrant, as he correctly charged the jury in that view. However, on the record before us the omission was not supplied. Hence, under authority of S. v. Clarke, supra, the warrant must be held insufficient to support the judgment.

Error and remanded.

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Related

State v. Moore
78 S.E.2d 914 (Supreme Court of North Carolina, 1953)
State v. Thorne
78 S.E.2d 140 (Supreme Court of North Carolina, 1953)
State v. Jenkins
77 S.E.2d 796 (Supreme Court of North Carolina, 1953)
State v. . Allen
31 S.E.2d 530 (Supreme Court of North Carolina, 1944)

Cite This Page — Counsel Stack

Bluebook (online)
17 S.E.2d 660, 220 N.C. 535, 1941 N.C. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moore-nc-1941.