State v. . Moore

Supreme Court of North Carolina
State v. . Moore, 17 S.E.2d 660 (N.C. 1941)
220 N.C. 535; 1941 N.C. LEXIS 589
PER CURIAM.

State v. . Moore

Opinion of the Court

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.

Reference

Full Case Name
State v. Brantley Moore.
Cited By
4 cases
Status
Published