Supreme Court of North Carolina, 1941

State v. . Clarke

State v. . Clarke
Supreme Court of North Carolina · Decided November 19, 1941 · DeviN
17 S.E.2d 468; 220 N.C. 392; 1941 N.C. LEXIS 546 (South Eastern Reporter, Second Series)

State v. . Clarke

Opinion of the Court

DeviN, J.

The statute under which the defendant was tried provides that, β€œAny parent who willfully neglects or who refuses to support and *393 maintain bis or ber illegitimate child shall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided.”

"Willfulness is one of the essential elements of the offense. This must be charged in the warrant, S. v. Cook, 207 N. C., 261, 176 S. E., 757; S. v. Spillman, 210 N. C., 271, 186 S. E., 322. Its omission is not cured by C. S., 4623, S. v. Tyson, 208 N. C., 231, 180 S. E., 85, or by amendment after verdict, S. v. Tarlton, 208 N. C., 734, 182 S. E., 481; S. v. McLamb, 214 N. C., 322, 199 S. E., 81.

The record in this case is not sufficient to support the judgment.

As the warrant fails to charge an offense under the statute, questions relating to the interpretation of other provisions of the statute are not presented or decided.

Error and remanded.

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