State v. Smith

97 S.E.2d 442, 246 N.C. 118, 1957 N.C. LEXIS 361

Opinion

PER Curiam.

The warrant is fatally defective in that it does not charge that defendant wilfully neglected or refused to support and maintain his illegitimate child, an essential allegation in a criminal prosecution under G.S. 49-2; and, as frankly conceded by the Attorney-General, the judgment must be arrested on authority of S. v. Coppedge, 244 N.C. 590, 94 S.E. 2d 569, and cases cited therein.

However, the statute, as interpreted by this Court, creates a continuing offense. S. v. Coppedge, supra, and cases cited therein.

As to the significance of the finding made 2 July, 1953, in the Domestic Relations Court, that “this defendant is the father of Leonard Lee Jones, see S. v. Clonch, 242 N.C. 760, 89 S.E. 2d 469, and S. v. Robinson, 245 N.C. 10, 15, 95 S.E. 2d 126.

Judgment arrested.