State v. Smith
This text of 97 S.E.2d 442 (State v. Smith) 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.
Opinion
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 *120 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.
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Cite This Page — Counsel Stack
97 S.E.2d 442, 246 N.C. 118, 1957 N.C. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-nc-1957.